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3 



AN EPITOME OP THE 



OFFICIAL HISTOEY 



OP 



NEW SOUTH WALES, 



FROM THE FOUNDATION OP THE COLONY, IN 1788, TO THE CLOSE 

OF THE FIRST SESSION OF THE ELEVENTH 
PARLIAMENT UNDER RESPONSIBLE GOVERNMENT, IN 1883. 



COMPILED CHIEFLY FBOM 



THE OFFICIAL AND PARLIAMENTARY RECORDS 

OF THE COLONY, 



UNDES THE DIRECTION OF 



TIIOMA.S qaiCH^EDS, 

GOVERNMENT PRINTER AND REGISTRAR OP COPYRIGHT. 




.SYDNEY : THOMAS RICHARDS, GOVERNMENT PRINTER. 



^ 1883 



r- 



THE KKW TORK 

PLI^LIC LIBMAttY 

982562A 

A^rrOIl. LfciNOX ANI> 

TLLDEN tO:.NDAnONS 

B 1938 L 



The design of this work is to supply a brief sketch of the 
official and political history of New South Wales from the 
earliest date. Without attempting to indicate the successive 
steps by which the Colony has attained its present high degree 
of social and commercial advancement, a great deal of matter 
is necessarily introduced that will be of assistance hereafter in 
tracing out the rapid progress of the Colony from the con- 
dition of a rude settlement to that of an enlightened and 
prosperous community, in which labour and enterprise, wealth 
and refinement, find a congenial home. 

The plan of the book is to give, by way of introduction, 
a short review of the course of Australian discovery, from the 
earliest period to the date when the British flag was first 
hoisted in Port Jackson, and then to give a summary of the 
principal events during the rule of each Governor. This 
summary briefly recounts the more important proceedings of 
the first Nominee Council, and of the partly elective and 
partly nominee Council that succeeded it, and affords a 
synopsis of Administrative and Parliamentary history under 
Responsible Government. 

In addition to these particulars, the book contains the 
substance of the Speeches delivered by the various Governors 
at the opening and closing of the Sessions of Parliament, 
the pith of the Financial Statements made by the different 
Treasurers, and a succinct record of the most important 
subjects dealt with at the Intercolonial Conferences. The 
principal facts relating to Australian exploration are also 

briefly chronicled. A short chapter is devoted to the history 
of Norfolk Island, which is under the jurisdiction of the 

^^ Governor of this Colony ; and another to Lord Howe Island, 

!!J^ which is a dependency of New South Wales. 

The compilation has not been the work of one hand. 
The laborious task of extracting matter for the epitome from 



C^ 






U PREFA CE. 

the official records, and compiling it in its present shape, was 
entrusted to Mr. Alfred Bourne, of this Department ; and 
the work bears evidence of the great assiduity and care 
bestowed upon it by him. Acknowledgments are due to the 
Reverend John Campbell, of Glen Innes, for his valuable 
assistance in compiling the Introductory Chapter; to Mr. 
E. W. Foxall, for condensing the Financial Statements ; to 
Mr. J. J. Spruson, for contributing the chapters on Norfolk 
Island and Lord Howe Island; to Mr. Edward Dowling, 
Secretary to the Board of Technical Education, for the 
Australasian Statistics ; to Mr. Stephen Jones, Clerk of 
the Legislative Assembly, and Mr. A. P. Clapin, Clerk 
Assistant of the Legislative Council, for the information from 
which the Lists of the Parliament have been compiled ; and 
to Mr. W. H. Pidcock, for the Index. 

It is necessary to explain that the Statistics given at 
the close of each chapter are taken from published Returns 
compiled by the Registrar- General. 

The Officers of the several Australasian Governments to 
whom application was made for Statistics most promptly 
and courteously supplied the information required. 

The coloured Map shows the extent of the Railway 
system and other means of internal communication; and 
indicates the Pastoral, Agricultural, and Mineral areas, at 
this date. 

The Appendix contains statistical information relating to 
all the Australian Colonies (except Western Australia) and 
tabulated returns of local interest. 

Although close and careful attention has been given to 
this work in its progress through the press, I am conscious 
that it cannot be altogether free from imperfections ; but I 
trust that it may be found sufficiently comprehensive and 
accurate to be useful to the general reader, and especially 
so to the legislator, the journalist, and the historian. 

T.R. 

Government Printing Office, 

Sydney, New South Wales, 

15 August, 1883, 



CONTENTS. 



CHAPTER I. 

PACE. 

EAKLY AUSTRALIAN DISCOVERY. 

What anciemt geographers say — ^Femandes de Quiros and Torres — Dutch dis- 
coverers—Abel Jansz. Tasman — Dampier, the buccaneer — Captain Cook sails 
in the " Endeavour" — Botany Bay— Phillip and the First Fleet — Port Jackson 
— Sydney Cove — Foundation of the Colony 1 



ERRATA. 
Page 341, hwt paragraph, 4th line. After " 19th" add "April." 
Page 419, last paragraph, Ist line. For " Fourth" mibHUute " Fifth." 

X-'up tti'J^ o?]ffle'r-anSo:^^^ /•'*\'^?;-J7' ^«70. Mr. Robertson 
Se R5>ert8on MuSkif ^^^^ toMrCowper by which means 

the 13th August, \mm^^^n^J^%^''T?t^ Ministry (Ni. 12); but on 
Lands." KODertson again joined the Ministry as Secretary for 

"^"^t^-^^^^S.^^^^' '^ ^' ^^ "«--*'^" -«^ "Eighth," and for " 1874>' 

GOVERNORS KING AND BLIGH. -1800-1808. 

Ciovemor King — ^Macarthur — Cruise of the "Investigator" — The Sydney Gazette 
— IYron*8 Narrative— Bligh, of the "Bounty" — Quarrel with Macn^rthur — 
Bligh's Arrest and Deposition 26 



CHAPTER IV. 

GOVERNOR MACQUARIE.— 1810-1821. 

Passage of the Blue Mountains — The Charter of Justice — King^s Surveys — 
Oxley's and Hume's Discoveries — Social Contests — MacquarieV Defence — 
Statistics 29 



CHAPTER V. 

GOVERNOR SIR THOMAS BBISBANK— 1821-1825. 

Era of Free Immigration — ^Various Discoveries — A Legislative Council — Trial by 
Jury — Liberty of the Press — Australian Agricultural Co. — Brisbane recalled — 
Statistics V 33 



VI CONTENTS, 

PAGE. 

CHAPTER VI. 

GOVERNOR DARLING.— 1825-1831. 

The New Legislative Council — ^Royal JnstmctioDS — Commercial Panic — The 
''Rogue's March" — Legislation anent the Press — Mr. Justice Forbes — 
Discoveries by Captain Sturt — Sydney Water Supply — Separation of Van 
Diemen's Land — Statistics 37 



CHAPTER VIL 

GOVERNOR SIR RICHARD BOURKE.— 1831-1837. 
Sir Richard Bourke — Meeting of Legislative Council — The First Appropriation 
Bill — ^The Oovemment Gazette — Session of 1833 — ^The Jury Act — Session of 
1834 — Church and School Lands — Session of 1835 — Claims to Grants of Land 
Bill — Committee on Immigration — Session of 1836 — ^Trial by Jury — Crown 
Lands Occupation Bill — New Government House — Circular Wharf at Sydney 
Cove— Darlinghurst Gaol— Session of 1837— The Port Phillip District— 
Dr. Lang and Immigration — Major Mitchell's Explorations — Statue to Sir 
Richard Bourke — Statistics 49 



CHAPTER VIIL 

GOVERNOR SIR GEORGE GIPPS.— 1838-1846. 

Sir George Gipps — His Policy — Financial Disaster — Legislative Session of 1838 — 
Proposed Bill for the Government of New South Wales — Session of 1839 — 
Crown Lands Occupation Act Amendment Bill — Minute on Finance — Minute 
on Education — Despatch from Lord Glenelg re Transportation — Session of 
1840 — Annexation of New Zealand — Claims to Grants of Land in New 
Zealand — Mr. Wentworth's Address — Sir George Gipps' Reply — Finance — 
Education — ^Police and Gaol Expenditure — Royal Instructions — The Council's 
Address thereon — Session of 1841 — Financial Embarrassments— Education — 
Despatches from England — Committee on Immigration Debentures — Session 
of 1842 — Commercial Panic — Session of 1843 — The Constitutional Act — The 
Electoral Bill — Dissolution of the Council — Meeting of the New Council — 
Select Committee on Monetary Confusion — Prorogation — Extraordinary 
Session of the Council — Session of 1844 — District Councils — Differences 
between the Governor and the Council — Land Grievance Committee — Com- 
mittee on Education — Select Committee on the Elective Franchise — Police 
and Gaol Expenditure — General Grievances Committee — Addresses to Her 
Majesty — Session of 1845 — Immigration — Session of 1846 — Crown Lands 
Occupation Continuation Bill — Close of Gipps' Administration — Dr. Ludwig 
Leichhardt — Statistics 65 



CHAPTER IX. 

GOVERNOR SIR CHARLES A. FITZ ROY.— 1846-1854. 

Opening of Session 1846 — Financial Message — Minimum upset price of land — 
Transportation — Select Committee on Steam Communication — Prorogation — 
Anti-transportation Committee — Re-assembling of Council — Finance — Squat- 
ling Regulations — Select Committee's Report— Coal monopoly — Resolutions on 



CONTENTS. VU 

PAGE, 

Transportation — Immigration — ^Death of Sir George Gipps — Prorogation — 
Death of Lady Maiy Fitz Roy — Session of 1848— Despatch on Separation of 
Port Phillip — Finance — Railways — Steam Communication — Dissolution of 
Council — The Separation question — The new Legislative Council — Despatches 
on Separation and the Constitution — Despatch on Transportation — 
Despatch on Crown Lands — Finance — Railways —Select Committee on a 
Sydney University — Sydney Corporation — Postage Bill — Steam Communica- 
tion — Re Emigration to California — Prorogation — Opening of Session, 1850 — 
The Transportation question — Finance — Constitutional — Colonial appoint- 
ments—Select Committees — Grievances— Anti-transportation League — Rail- 
ways — First Session of 1851 — The new Constitution— Separation of Victoria — 
The Grievance Petition — Prorogation — Gold discovery — Assembling of a new 
Legislative Council — Fitz Roy Governor-General — Despatches on Crown 
Lands— On Transportation — Second Grievance Petition — Finance — Immigra- 
tion — Steam Communication — Mint — Defence — Military — Postage — Proroga- 
tion — Opening of Session 1852 — Select Committee to prepare a Constitution 
for New South Wales — Earl Grey's Reply to the Remonstrance — ^Answer to 
Earl Grey — ^Financial Message — Mr. Wentworth's Resolution rt Estimates — 
Second Financial Message — Gold-fields management — Select Committee on 
Immigration — Police Regulation — Clergymen's Stipends — Steam Communica- 
tion — Cost of Military — Hon. E. Deas-Thomsou — Railways — Close of Session — 
Legislative Session of 1853 — Sir John Pakington's Despatch — Duke of New- 
castle's Despatch — Resolutions in reference thereto — Select Committee on 
Constitution — Constitution Bill — Constitution Committee — Passing of the 
Constitution Act — Declaratory Resolutions — Finance — Water Supply — Disso- 
lution of the Sydney City Corporation — Paris Universal Exhibition— Proroga- 
tion — Meeting of Legislative Council — Governor-General's Opening Speech — 
The War with Russia — Sydney Railway Company — Mr. Parkes on inferior 
Immigration — Branch of Royal Mint — Finance — Govemor-Generars Salary — 
Dr. Lang rt Separation — Correspondence on Constitution — ^Want of Confi- 
dence — ^Resolutions on Transpoii^tion — Darvall's Resolutions adverse to Con- 
stitution Act — Select Committee on Immigration — Railway construction — 
Crown Lands Inquiry— Asiatic Labour — Territorial Revenue— Farewell to Sir 
Charles Fitz Roy — Prorogation— Kennedy's Discoveries — Statistics 1 28 



CHAPTER X. 

GOVERNOR SIR WILLIAM DENISON.— 1855-1861. 

Sir William Denison — ^He declines to dissolve the Legislative Council — The 
Opening Speech — Financial Minute — Martin's Resolutions — Custom-houses on 
the Border — Wentw(»th'8 communication — Lord John Russell's Despatch — 
Steam Postal Communication — Education — Resolutions on the War — Railways 
— City Commissioners' Department — BiUs and Select Committees — Retirement 
of Sir Charles Nicholson from the Speakershjip^Final Prorogation of the 
li^slative Council — Responsible Government — The Donaldson Ministry — 
The First Parliament — Cowper's Amendment on the Address in Reply — 
Departmental arrangements — Political position of Judges — Resignation of the 
Donaldson Ministry — ^The Cowper Ministry — ^Treaty of Peace — Defeat of the 
Cowper Ministry — The Parker Ministry — Constitution Act Amendment — 
Parkes' Resolutions on Transportation — Donaldson's Financial Statement — 
Schedule C — Separation of Moreton Bay — Political Pensions — Plunkett 
President of Legislative Council — Select Committee on City Commissioners — 



Vm CONTENTS, 

PAGE. 

Eobertson's ResolutioiiB — ^Prorogation — Re-asBembliDg of Parliament — Donald- 
son's Financial Statement — Defeat of Parker's Ministry on the Electoral Bill — 
The second Cowper Ministry — Jones' Financial Statement — Crown Iiands 
Bill — Dissolution — Proposed Separation of Northern Districts — Federation — 
The Second Parliament — Campbell's Financial Statement — Troops for India — 
Mr. Plunkett and the Board of National Education — ^Death of Sir Charles 
Fitz Roy — Electoral Bill — Chinese Immigration — Sydney University — Death 
of Sir Ralph Darling — Of Archdeacon Cowjjer — Haslem Creek Railway 
Accident — Steam Communication — Constitution of Legislative Council — 
Disputed Elections — Bills of the Session — Prorogation — ^Re-assembling of 
Parliament — Cowper's Financial Statement — Public Worship — Bay ley 
Attorney-General — Departmental arrangements — Dissolution of Parliament — 
The Third Parliament — Parkes' Resolutions on Customs Duties — Cowper's 
explanation — Robertson's Land Bills — Separation of Moreton Bay — Education 
Bill, its defeat — The Forster Ministry — Retirement of Cowper from the 
Assembly — Cowper's second Cabinet — Resolutions on Defence — Sir Daniel 
Cooper retires , from the Speakership — Mr. Murray elected — ^Telegraphic — 
Steam Postal Communication — Elective Legislative Council Bill — Ministerial 
Statement — Vote of Censure — Resignation of the Forster Ministry — The 
Robertson Ministry — Weekes' Financial Statement — Death of Sir Thomas 
Brisbane — Select Committee on the Condition of the Working Classes — 
Parkes' Resolutions — Prorogation— The P. and O. Mail-contract — ^Re- 
assembling of Parliament — Federation — Various measures — Free selection 
before survey — Dissolution of Parliament — The Robertson-Cowper Ministry — 
The Fourth Parliament — Valedictory Address — Railways and Telegraphs- - 
Wreck of the "Dunbar" — Explorers of Denison's era— Death of Sir Thomas 
Mitchell— Gold at Port Curtis— The Kiandra Rush— Lambing Flat — Denison's 
departure — Statistics 242 



CHAPTER XL 

GOVERNOR SIR JOHN YOUNG.— 1861-1868. 

The case of Tawell— Weekes' Financial Statement — The Land Bills— Appoint- 
ments to the Legislative Council — Parliamentary Crisis— Prorogation — Customs 
Duties — Bill to amend the Constitution of the Legislative Council — Gold- 
fields — Church and School Lands — State of Prisons — Dismemberment of the 
Colony — Burrangong and the Chinese — Rioting — Return of Wentworth — 
Nominations to the Legislative Council — ^Opening of Session — Laud legislation 
— Chinese Immigration — Church and School Lands — Police regulation — 
Murray River Customs — Be Legislative Council — Weekes' Financial State- 
ment — Railway extension — Dismemberment — Powers of the Legislative 
Council — Prorogation — Parliament re-assembles — Address of Condolence — 
Church and School Estates— Grants for Public Worship Prohibition Bill — 
Weekes' Financial Statement — Elective Legislative Council Bill — Religious 
Equality — State of Manufactures and Ap^riculture — ^Retirement of Wentworth 
from the Chair of the Legislative Council — Honorable Terence Aubrey 
Murray President — Powers of the Legislative Council — ^Mr. Hay Speaker — 
Australian Library —Prorogation — Intercolonial Conference — Re-assembling 
of Parliament — Church and School Lands — ^Education Bill — Insecurity to life, 
and property — ^Riverine District — Smart's Financial Statement — Defeat of the 
Government— Ministerial Statement — Eagar's Financial Statement — Financial 
proposals — Stamp Duties — ^Newspaper Postage — Defeat of the Custom Duties 



CONTENTS. IX 

PACK. 

Bill in the Legislative Council — ^Ministerial Statement — Prorogation — ^The 
Fifth Sejeion — Defeat of the Government — Dissolution — Amendment on the 
Address in Reply — Cowper's Ministry — Smart's Financial Statement — Stamp 
Duties — Felons Apprehension Bill — Steam Postal Service — ^Border Duties 
Conference — ^Prorogation — Re-assembling of Parliament — Resignation of Mr. 
Hay — Pitt-street Tramway — Samuel's Financial Statement — Ministerial State- 
ment — Resignation of Mr. Samuel — Oowper's Financial Statement — Burdekin 
Treasurer — ^Defeat of Cowper's Administration — The Martin Ministry — 
Eagar's Financial Statement — Public Debt Commissioners Bill — ^Ocean Mail 
Service — Third Session of Fourth Parliament — Public Education Bill — Eagar's 
Financial Statement — Select Committee on Working Classes — Prorogation — 
Postal Conference — ^Re-assembling of Parliament — The Federal Council Bill — 
The Border Duties Bill — Railway proposals — Eagar's Financial Statement — 
The lAnd Bill — Ministerial Statement — Want of Confidence Motion — ^Retire- 
ment of Sir John Young — Statistics 328 



CHAPTER XII. 

GOVERNOR THE EARL OF BELMORE.— 1868-1872. 

Sir Trevor Chute, Administrator — Duke of Edinburgh — ^Attempted Assassination 
of the Duke — Financial — Prorogation — Re-assembling of Parliament — Defeat 
of the Martin Administration — The Second Robertson Ministry — Select Com- 
mittee on Treason and Assassination — ^Newspaper Postage Act — Samuel's 
Financial Statement — Prorogation — Opening of Sixth Session — Samuel's Finan- 
cial Statement — Constitutional Powers of Legislative Council — Dissolution — 
Sixth Parliament — Immigration — Financial Statement—Railway extension — 
Prorogation — ^Intercolonial Conference — Re-assembling of Parliament — Finan- 
cial Statement — Stamp Duties Act Continuation Bill — Ministerial Statement — 
Cowper Agent-General — The Martin-Robertson Coalition — Lord's Financial 
Statement — Powers of Legislative Council — Internal Communication — Death 
of Sir William Denison^Prorogation — Intercolonial Conference of 1871 — 
Opening of Session — Border Duties — Lord's Financial Statement — Border 
Customs Duties collected by New South Wales Government — Piddington's 
Amendment — Dissolution of Parliament — Earl Belmore retires — Statistics 438 



CHAPTER XIII. 

GOVERNOR SIR HERCULES ROBINSON.— 1872-1879. 

Arrival of Sir Hercules Robinson — The Seventh Parliament — Amendments on 
the Address in Reply— The Parkes Ministry — Death of Mr. Wentworth — 
Border Duties Convention Bill — ^Rejected in Legislative Council — Mr. Parkes* 
Resolntions — ^Financial Statement — ^Internal Communication — Public Funeral 
to Wentworth's remains — Prorogation — Re-assembling of Parliament — 
Parkes' Financial Statement — Resolutions on Education — ^Intercolonial Con- 
ference — Ocean Mail Service — Legislative Council Bill — Constitution of the 
Legishitive Council — Prorogation — Border Duties Convention — ^Re-assembling 
of Parliament — ^Death of Sir Terence Aubrey Murray — The Hon. John Hay 
Ptemdent — ^Another Legislative Council Bill — ^The Council declines to adopt 
the Report of the Select Committee — Ocean Mail Comnranication — Lloyd's 



CONTENTS. 

PAGE. 

Financial Statement — ^Retirement of Sir James Martin — Departmental — 
Retirement of Victoria from the Border Duties Convention — Electoral Bill — 
Telegraph Cable — The Prisoner Gardiner — Prorogation — Opening of Fourth 
Session — Address in Reply — Financial Statement — The Gardiner question — 
Minute of Sir Hercules Robinson — Combes' Resolutions — Dissolution of Par- 
liament — The Seventh Parliament — Amendment on the Address in Reply — 
The Governor's Message — Sir William Manning sent for — The third Robertson 
Ministry — Death of Mr. Arnold — Mr. George Wigram Allen Speaker — 
Resignation of Mr. Allen — His re-election — Forster's Financial Statement — 
Immigration — Electric Cable — Postal — Stamp Duties — Crown Lands Act 
Amendment Bill — Prorogation — Re-assembling of Parliament — Death of Sir 
Charles Cowper — Robertson's Financial Statement — Forster Agent-General — 
Agreements Validating Bill — Education Bill — The Surplus Revenue — Proro- 
gatiou — Re-assembling of Parliament — Stuart's Financial Statement — Cable 
Conference — Want of Confidence Motion — Ministerial Statement — Vote of 
Censure — Political Crisis — The second Parkes Ministry — Piddington's Finan- 
cial Statement — Queensland Gold-fields Act Amendment Bill — Ministerial 
Statement — Legal meaning of 31st clause of Land Act— Another Crisis — The 
fourth Robertson Ministry — The Treasurer's Motion negatived — Mr. Stuart 
sent for — Mr. S. C. Brown commissioned — Dissolution— The Ninth ParliAment 
— Amendment on Address in Reply — Sir Heniy Parkes fails to form a 
Ministry — The Famell Ministry — Cohen's Financial Statement — Primary 
Education — Milbum Creek Copper-mining Company — Mail Service — Dupli- 
cate Cable Conference — Prorogation — ^Re-assembling of Parliament — Cohen's 
Financial Statement — Crown Lands Bill defeated — Sir John Robertson sent 
for — Resignation of Sir John Robertson — Vote of Want of Confidence — The 
Parkes-Robertson Coalition — Watson's Financial Statement — Chinese Immi- 
gration Restriction Bill — Parliamentary Privilege Bill — Collision between the 
two Branches of the Legislature — Lands Acts Further Amendment Bill — 
Australian Exploration — Departure of Sir Hercules Robinson — Statistics 491 



CHAPTER XIV. 

GOVERNOR LORD AUGUSTUS LOFTUS.— 1879. 

Sir Alfred Stephen Administrator — Arrival of Lord Augustus Loftus — Death of 
Hon. E. Butler — The Legislative Assembly and the Legislative Council — 
Prorogation — Intercolonial Meteorological Conference — Re-assembling of Par- 
liament — Church and School Lands — Public Instruction Bill — Financial State- 
ment — Electoral Bill — Church and School Lands Dedication Bill — Stamp 
Duties Bills — Powers of Legislative Council — Supplementary Financial State- 
ment — Dissolution — ^Tenth Parliament — Financial Statement — Milbum Creek 
Copper-mining Company — Prorogation — Re-assembling of Parliament — Chinese 
Influx Restriction Bill — Military Defences Commission — Licensing Bill — 
Report of the Royal Commission — Ministerial Statement — Watson's Financial 
Statement — Death of Mr. Fitzpatrick — Departure of Sir Henry Parkes — 
Prorogation — Third Session of Tenth Parliament — Destruction of the Garden 
Palace — Watson's Financial Statement — Land Bill rejected — Dissolution of 
Parliament — Meeting (if the Eleventh Parliament — Mr. Edmund Barton 
Speaker — the Stuart Ministry — Governor's Opening Speech — Inscribed Stock 
Bill— Dibbs' Financial S^atement-German Immigration— Licensing Act 
Amendment Act — Loyal Address — Mail Contract — Immigration — Proro- 
gation — Statistics 693 



CONTENTS. XI 

PAGE. 

CHAPTER XV. 

NORFOLK ISLAND. 

First Colonization : Captain Phillip, R.N., Governor of New South Wales and its 
Dependencies, ]788 — Lieutenant-Governors of Norfolk Island ; Lieutenant 
King, 1789 ; Mr. Ross, 1790 ; Major Foveaux, 1800 ; Lieutenant Brown, 1803 ; 
Captain Wilson, 1803 — Second Colonization : lieutenant-General R. Darling, 
Governor of New South Wales and its Dependenciei, 1826 — Commandants of 
Norfolk Island : Captain Wakefield ; Lieutenant-Colonel Morissett, 1839 : 
Major Anderson, 1839 : Captain Maconochie, 1839 ; Major Childs, 1844 — 
Island annexed to Van Diemen's Land : Sir George Gipps, Governor of New 
South Wales and its Dependencies, 1844 — Commandant of Norfolk Island : 
Mr. Price, 1846 — ^Norfolk Island erected into a separate Colony, with Great 
Seal, to be presided over by the Governor of New South Wales for the time 
1)eing : Sir William Denison, Governor-General of New South Wales and 
Governor of Norfolk Island, 1856 — Head quarters of Melanesian Mission 
established at Norfolk Island : Sir John Young, Govemor-in-Chief of New 
South Wales and Governor of Norfolk Island, 1866. The Pitcaim Islanders. . . 655 



CHAPTER XVL 

LORD HOWE ISLAND. 

Discovery of the Island: Captain Phillip, R.N., Governor of New South Wales and 
its Dependencies, 1788 — First Settlement : Sir Richard Bourke, Governor of 
New South Wales and its Depeniencies, 1833 — The Island becomes a contem- 
plated Penal Settlement : Sir Charles A. Fitz Roy, Governor of New South 
Wales and its Dependencies, 1850 — Official Visit of Water Police Magistrate : 
Earl Helmore, Governor of New South Wales and its Dependencies, 1869 — 
Resident Magistrate ; Official Visit of the Hon. J. Bdwie Wilson : Sir 
Hercules Robinson, Governor-in-Chief of New South Wales and its Depen- 
dencies, 1879 — ^Visiting Magistrate : Lord Loftus, Govemor-in-Chief of New 
South Wales and its Dependencies, 1883 669 



XU OONTENTS. 



APPENDICES. 

PAGE. 

A. — Lbasixo of Deposits of Guano 679 

B. — Statistical RjBTirBN showing the relative positions and aggregate 
importance of the Australian Colonies at the close of the 

YEAR 1881 681 

C. —Australasian Statistics : — 

I. New South Wales 683 

11. Tasmania 687 

in. South Australia 691 

IV. New Zealand 695 

V. Victoria 699 

VI. Queensland 70.3 

VII. Fiji 707 

D.— I. Governors 709 

n. Judges of the Supreme Court 710 

III. Members of THE Legislative Council, 1824 to 1843 712 

Non-elective Members of the partly Elective and partly 

Non-elective Council, 1843 to 1856 714 

Elective Members of the partly Elective and partly Non- 
elective Council, 1843 to 1856 716 

Members of the Legislative Council under Responsible Govekn- 

MENT, 1856TO 1883 '. 720 

Members of the Legislative Assembly under Responsible Govern- 
ment, 1856 to 1883 728 

IV. Parliaments 756 

V. Presidents of the Legislative Council 757^ 

VI. Speakers of the LEGISLATI^'E Assembly 757 

VII. Agents-General 757 

Vin. Ministries 758 

IX. Members of the Legislative Council, Second Session, 1883 764 

X. Members of the Legislative Assembly, Second Session, 1883 ... 765 

XL Honors 767 

Xn. Map of New South Wales 



• • ■ 



NEW SOUTH WALES. 



CHAPTER I. 



EARLY AUSTRALIAN DISCOVERY. 

Andent geograpHen — Fenuuidez de QuiroB and TorroB — Dutch dUooYeren — Abel 
Janaz. Tasmaii — Dampier — Captain Gook'a voyage— Arrival of Governor Phillip — 
Foundation of the Colony. 

It is not possible to say at what time or by what means the 
earliest reports of the existence of a great unknown country 
in the Southern Hemisphere reached European nations; 
but it is not improbable that they date back to the year 
327 B.C., and were conveyed by the scientific and learned 
men who in that year accompanied the famous expedition of 
Alexander the Great, whose reign forms so important an 
epoch in the history of the world. By his conquests not 
only was the area of civilization enlarged, but facilities 
for the acquisition of further scientific and commercial 
knowledge were increased. His famous expedition to the 
East opened the way to India, and thus Europeans became 
acquainted with the products of islands and countries 
lying far beyond those which they had before thought 
to be the utmost limits of the earth. In connection with 
Alexander's expedition, there is no distinct mention of the 
existence of the Great South Land, but from that period 
allusions to it occur in the works of geographers and other 
writers. The reason of this is obvious, when it is considered 
that maritime enterprise in the Indian Seas has never been 
more active or successful than it was during the three or four 
centuries which followed the period when the navigators of 
Alexander's fleet brought to the West a knowledge of Eastern 
commerce. This being so, it would have been strange indeed 
if those traditions of a great unknown land which were current 



2 New South Wales. 

in the remote regions alluded to had not been circulated in 
their own countries by the traders and crews returning from 
these places. Passing over several earlier references, those 
will be noticed chiefly which are quoted in an exhaustive 
work entitled " The Sistory of Atistralian Discovery and 
Colonization ^^^ by the late Mr. Samuel Bennett, published 
in 1865. Mr. Bennett says: — "Strabo (b.c. 50) mentions a 
great island which lay about twenty days' sail south-east from 
India, and which stretched far towards the west. Pliny, in his 
* Historia Naturalis,' which he published about a.d. 77, refers 
taa great island to the south of the Equator, the central parts 
of which were said to be occupied by an inland sea. Ptolemy 
(a.d. 150), after describing the Malay Peninsula, under the 
name of the Golden Chersonesus, states that to the south- 
east lay a great bay. At the utmost extremity of this bay, 
in latitude eight and a half degrees south, he places Catigara, 
the most remote place to which the navigators of his time had 
penetrated. Prom this bay, he says, the land turned to the 
west, and stretched in that direction to an unknown distance. 
The latitude given by Ptolemy would indicate a position in 
the bay, or apparent bay, formed by the south-western shores 
of New Guinea and the northernmost parts of Australia. The 
narrow channel dividing the two countries — discovered by 
Torres, a Spanish navigator, so recently as the early part of the 
seventeenth century (August 30, 1606) — ^was of course un- 
known in the time of Ptolemy, and consequently that part of 
the Indian Ocean would appear to the navigators of his age 
to be a very deep and extensive bay. Prom this great bay 
Ptolemy states that the coast stretched to the west until, as 
he believed, it reached the eastern extremity of Africa. This 
belief became a very general one with ancient geographers, 
and, in addition to the theory of Ptolemy, was apparently 
supported by the fact that when the navigators of their times 
attempted to sail, or were driven by stress of weather, much 
to the south or south-east of the Gfolden Chersonesus, or the 
Spice Islands of the Indian Archipelago, they were met by the 
shores of a Great Land, whose limits had never been reached, 
48tretching far to the south-west. In conformity with this 
opinion of the great extent of the Southern Continent, the 
Arabian geographer, Edrisai, who wrote in the twelfth century, 
also taught that a continued tract of land stretched eastward 
from the African coast until it united with the southern part 
of Eastern India ; and in maps framed on Ptolemy's system 
of geography, this Great South Land formed a prominent 



tariff Atuttralian Discovery. 3 

feature. Agathemerus, who wrote later than Ptolemy, and 
fiye or six centuries after Alexander's naval expedition,^ 
considered the Great South Land, of which so much had\ 
been said and of which so little was known, to be the largest 
island in the world. It seems clear, then, that the existence 
of Australia was known to the early Greeks and Eomans, 
although its precise position and extent remained imcertain 
long after their times/' 

When the glory of the ancient civilization began to wan6, 
in the Middle Ages — sl period during which both the literature 
and the commerce of the West suffered much — the Persians 
controlled the trade of the Indian Ocean. The next race 
who wielded the sceptre of trade was the Arabian, whose 
navigators, as early as the ninth century, if not earlier, had 
penetrated beyond the Gx)lden Chersonesus, through the 
straits of the Archipelago, and as far as China. In course 
of time the language and religion (Mohammedan) of the 
Arabians became general in the Indian Islands. It is said 
that to the present day traces of the Arabic tongue may 
be detected in these islands, and also in nearly every dialect 
spoken by the Australian aborigines. It therefore seems 
highly probable, though no written records have been pre- 
served, that within the seven or eight centuries during 
which the Mohammedan powers held sway in the Malay 
Peninsula and the Indian Archipelago, the northern coast of 
Australia must have been visited by their navigators. 

" The first faint glimpse which we catch of the shadowy 
shores of Australia after this period occurs during the 
reign of the Great Mogul Emperor, Kublai Khan, near 
the end of the thirteenth century. The great Khan, int 
the year 1293, dispatched a fleet of fourteen ships, carry- 
ing several thousand men, from China to the Persian Gulf, 
On board one of these ships, in a position of command, 
was the celebrated Venetian traveller, Marco Polo. He 
had penetrated by land to China many years before, and 
joined the fleet of the great Khan, in hopes of being able 
to return to Europe by an easier and more expeditious 
route than that by which he had come. During his 
residence in the East he had made a voyage to the Indian 
Archipelago, in the service of Kublai Khan, and it was ux 
accordance with his representations, and by his persuasioUj^^ 
that the mission or expedition to Persia was sent by sea. 
instead of overland. On this voyage the ships refitted, and 
the expedition remained for a period of five months at the. 



4i New South Wales. 

island of Sambawa or Lesser Java." In a description which 
he gives of the islands and countries in that part of the 
world, he mentions two large uninhabited islands lying about 
700 miles to the S.S.W. ; and he states that 50 miles S.E. 
from these ** there existed a country called Lochac, which 
formed part of a great mainland of a wild and mountainous 
character, little frequented by strangers, and where gold was 
abundant to a degree scarcely credible, and whose inhabitants 
were idolaters, having a language peculiar to themselves.'* It 
seems probable that this country which he calls Lochac was 
some part of North-western Australia. During the next 
200 years, the only reference made to Australia occurs in the 
writings of a Christian missionary who visited Java in the 
14th century. All that can be gleaned from these writings 
is that the people of Java had some knowledge of this 
country. 

In 1486 the route to India by the Cape of Good Hope was 
discovered by a Portuguese, Bartholomew Diaz, and in less 
than fifty years his nation had possessed itself of the principal 
islands of the Indian Archipelago. 

The period was now reached when more reliable information 
might be looked for respecting the Great South Land. The 
Portuguese did not long remain in undisturbed possession 
of the rich commerce of the East. The Spanish, Dutch, 
and afterwards the English, sought to obtain a share of it. 
Much excitement was caused by thfeir various enterprises, 
which were attended with brilliant success. Just at this 
time (1492) America was discovered by Columbus, and this 
for a time diverted the attention of navigators from the 
East. This diversion was not, however, of long duration, 
for the success of Columbus and others inflamed navi- 
gators with an ardent desire to discover that other great 
continent in the Indian Ocean or the South Pacific, in the 
existence of which so many of them firmly believed. The 
Spaniards appear to have led the way : *^ Their attempts 
were for the most part made from settlements on the 
western coast of South America. One of the most 
noteworthy was that made by Alonza Mendana de Neyva, 
in 1568. He sailed from Callao, in Peru, and held a 
course due west for nearly 4,500 miles, when he discovered 
the cluster of islands called the Solomon Isles. Subse- 
quently he sailed round San Christoval and others. This 
group is in the latitude of Torres Straits, and not far 
beyond the longitude of the most easterly part, and within 



Early Australian Discovery. 5 

a few days' sail of the Australian continent. Mendana 
carried back to Old Spain glowing accounts of his discoveries, 
and urged the Government to allow him to proceed on 
another voyage in the same direction. Such was the ardency 
of his enthusiasm that, notwithstanding the neglect with 
which he was treated, he continued to press his request for 
nearly thirty years. He succeeded at last, and sailed on 
another voyage in 1595. In this voyage he fell in with 
the Marquesas Islands, but, owing to the then defective: 
state of the art of navigation, he failed to find his way to the 
islands he had discovered many years before; and after 
enduring great hardships in the attempt to achieve the 
purpose of his life, he died from anxiety and disappointment. 
His pilot, a Portuguese, named Femandes de Quiros, who 
succeeded to the control of the expedition, was, if possible, 
more enthusiastic than his chief in his passion for the dis- 
covery of the Great South Land. On returning to Lima, 
renewed applications were made on his behaK to the Spanish 
Government for means of prosecuting the search. Quiros,. 
who expressed his determination to devote the remainder of ' 
his life to that object, brought forward very abstruse 
scientific arguments to prove the truth of the popular belief 
in the existence of a Great South Land. He expounded 
liis theories so forcibly that Philip the Third supplied funds 
to build three ships for another expedition, of which the 
chief command was entrusted to Quiros, while Luis Vaez de 
Torres, a Spanish navigator of great ability, was appointed 
to the second place. Quiros sailed from Lima on the 20th 
of December, 1605, and steered a course west by south. On 
the 10th of Eebruary, 1606, he discovered the island now 
known as Tahiti ; on the 26th April, having kept on in the 
same course, he sighted land, which he believed to be part 
of the new continent of which he was in search. He gave 
it the name of Tierra Austral del Espiritu Santo (the South 
Land of the Holy Spirit) . It is generally believed, however, 
that the land so named by Quiros was not in reality part of 
the Australian continent, but one of the islands of the 
group afterwards named the New Hebrides. The separation 
of the vessels forming the expedition, disputes with his 
officers, and the loss by sickness and accidents of many of 
his companions, prevented Quiros from ascertaining the 
extent and character of the land he had found ; and soon 
after the officers and crew of his vessel determined to 
proceed no further. But two of the ships of the expedition, 



6 New South Wales. 

under the command of Torres, after being separated from 
their consort, and not knowing of Quiros' determination to 
return, continued their course to the westward, and in a 
few days passed safely through the straits dividing the 
continent of Australia from New Guinea. Torres sighted 
the mainland at its most northern point, but took it for a 
group of small islands. Quiros finally returned to Acapuico, 
nine months after his departure ; and soon afterwards pre- 
sented a memorial to the King of Spain, in which he 
enumerated twentv-three islands he had discovered, besides 
certain parts of a country which he believed was portion of 
the Australian mainland. He attempted, with the most 
extraordinary perseverance, to induce the imbecile successor 
of Philip the Third, his former patron, to grant funds for 
another expedition, but failing in all his efforts to procure 
sufficient means to achieve the object of his life-long desires, 
he sank, like his old master, Mendana, into his grave, a victim 
of disappointed hopes and broken fortunes. Although by 
birth a Portuguese, Quiros was most of his life in the service 
of Spain, and is generally regarded as the last of the great 
Spanish navigators — a class of men never surpassed in daring, 
energy, and seamanship. 

" Whilst these efforts were beiag made by the Spaniards, 
the Dutch were by no means idle. Repeated and most 
persevering attempts to discover the Great South Land were 
made by them at the end of the sixteenth century and the 
commencement of the seventeenth. These efforts were so 
successful that the Dutch are able to produce unimpeachable 
testimony of having landed on the shores of Australia in 
March, 1606, a few days before Quiros discovered the land 
which some contend was part of the Australian continent, 
but which others believe to have been one of the islands of 
the New Hebrides group. The Dutch Government at 
Bantam had, in the latter part of 1605, despatched a small 
vessel named the * Duyfhen,' to explore the coasts of New 
Guinea. Not knowing of the existence of the straits, shortly 
afterwards discovered by Torres, this vessel continued her 
-course to the south, along, as her crew considered, the 
western shores of that country, but in reality along the 
eastern shore of the Gulf of Carpentaria. She proceeded 
as far as Cape Turnagain, in latitude 13f south. Here, 
having landed, some of her men were killed by the aborigines. 
So far therefore as now can be ascertained, and even supposing 
ihat Quiros did not mistake the New Hebrides for part of 



Early Australian Discovery. 7 

the mainland of Australia, the ' Duyfhen's ' crew were the 
first Europeans to touch Australian ground." 

French maps and documents exist in the British Museum, 
however, in which the date of discovery is placed at 1531 — 
when it is also alleged that Manoel Godinho de Eredia, a 
Portuguese, discovered Australia ; and further confirmation 
of this is given on a map at the War OflBce, in Paris, bearing 
the date of 1555, the name of the author being the renowned 
Provenjal navigator Guillaume le Testu. From these data 
it would appear that the honour of the discovery is due to 
the French, and not to the Dutch. 

** From this date (1606) repeated attempts were made by 
the Dutch to ascertain the extent and richness of the Great 
South Land. One of the most successful of these early 
discoverers was Theodoric Hertoge, generally known as Dirk 
Hartog, who in 1616 fell in with the north-west coast, and 
explored it from the 19th to the 25th degree of south latitude, 
and named it the Land of Concord. In 1618 Zachen dis- 
covered the north-western coast, about the 14th degree of 
south latitude, and coasted the land from the Gulf of Car- 
pentaria to Cape Talbot. In 1619 Captain Jan Edels coasted 
the shore in 29 degrees south, and gave his name to a portion 
of what is now part of the Colony of Swan River or Western 
Aastralia. In 1622 the south-western extremity of the conti- 
nent was discovered by the Captain of a Dutch ship named the 
* Leeuwin* or * Lioness,* from which the country was called 
Cape Leeuwin.** 

" The year following (1623) an expedition was despatched 
from the island of Amboyna, by the Dutch Governor- 
General, Jan Pieterz. Coen, to follow up the discoveries of 
the yacht * Duyfhen,' along the western coast of the penin- 
sula of Cape York. The result of this expedition was the 
extension of the survey of that peninsula, which was still 
supposed to be part of New Guinea, to Staten River, in 
latitude 17 degrees south, where, it was observed, the land 
stretched to the westward. Four years thereafter (in 1627) the 
southern coast was discovered by Captain Pieter Nuytz, who 
bequeathed to it his own mellifluous name. The Dutch 
account of this interesting discovery is as follows : — * In the 
year 1627 the south coast of the Great 'South Land was 
accidentally discovered by the ship "Guide Zeepaard,*' outward 
bound from Fatherland, for the space of a thousand miles.* 
Violent westerly gales, which are of frequent occurrence in 
these regions, had probably drivea the brave Dutchman 



8 Neu) South Wales. 

out of his course; and the passion for geographical dis- 
covery, so strongly characteristic of his age and nation, may 
have induced him to push on so far to the eastward along 
the unknown coast he had accidentally discovered. Unfor- 
tunately, however, he could scarcely have found so large an. 
extent of absolute sterility as that coast presents in any 
other locality on the face of the earth." (History of New 
South Wales, Lang, vol. 1.) 

In 1628 a considerable part of the Gulf of Carpentaria wa» 
explored by General Peter Carpenter, Governor of the Dutch 
East India Company. He returned to Europe with such a 
glowing description of the riches of that part of the Great 
South Land which he had explored, that preparations were= 
immediately made by the Dutch for sending out a powerful 
expedition to take possession of the country. Bennett says : — 
"The fleet carrying this expedition, consisting of eleven 
ships, sailed out of the Texel on the 28th of October, 1628. 
One of these vessels was the * Batavia,' frigate, commanded 
by Captain Francis Pelsart. After touching at the Cape of 
Good Hope, the ships were scattered by a violent storm ; 
some were lost, and little is now known of what became of 
the others. The * Batavia' missed her reckoning, and on the 
4th June, 1629, was driven upon a shoal off the western coast 
of New Holland (the Abrolhos), about 200 miles to the north of 
Swan B;iver. She had a crew of about 200 men, and soon after 
the wreck a mutiny broke out, and desperate conflicts ensued, 
in which numbers of lives were sacrificed. The Captain's party 
ultimately overcame the mutineers, and executed them all on 
the spot. The remainder of the crew reached Java in a most 
deplorable condition ; and their unfavourable report of the 
Great South Land contributed to allay for a time the intense 
interest with which it had before been regarded." 

Thirteen years afterwards, however, an attempt at further 
exploration, which may be regarded as one of their most suc- 
cessful efforts, was made by the Dutch. Two ships were fitted 
out, and they sailed on the 14th August, 1642, under the 
command of Abel Jansz. Tasman, one of the most talented 
and ambitious of the young Dutch navigators of that day. 
After discovering Van Diemen's Land, which he so named 
in honour of his friend and patron, Anthonie Van Diemen, 
Governor-General of Batavia, who was an enthusiast in the 
cause of Australian discovery, Tasman steered east, and on 13th 
December, 1642, discovered New Zealand, to which he gave 
the name of Staaten Land, in honour of the States General. 



Early Australian Discovery. 9 

In consequence of a boat's crew being massacred at Murderers' 
Bay he did not land, but merely cruised along the western 
coast of the North Island, and quitted its shores without taking 
possession of it in the name of the Government which he served. 
In 1644 he was commissioned to follow up the discoveries 
that had already been effected by earlier navigators in the 
Gulf of Carpentaria, and on the north coast of the vast region 
which was in that year designated New Holland. This expe- 
dition resulted in the discovery, among other places, of the 
Maatsuycker River, afterwards named the Albert, in honour of 
the Prince Consort, and furnished material necessary for the 
preparation of a tolerably complete chart of the coast. 

Of English navigators, Dampier, a buccaneer, was the first 
who visited the shores of Australia. This was in the year 
1688. He, however, touched on the north-west coast only, 
the most barren and uninviting portion of the whole island, 
and then retiuned to England. In his journal he says, " We 
anchored (Jan. 5th, 1688) two miles from the shore, in 29 
fathoms, good hard sand and clean ground. New Holland is a 
very large tract of land. It is not yet determined whether it 
is an island or a main continent, but I am certain that it 
joins neither to Asia, Africa, nor America. This part of it 
that we saw is all low even land, with sandy banks against the 
sea, only the points are rocky, and so are some of the islands 
in this bay. The land is of a dry sandy soil, destitute of 
water, except you make wells, yet producing divers sorts of 
trees ; but the woods are not thick nor the trees very big. 
Most of the trees that we saw are dragon-trees as we supposed ; 
and these too are the largest trees of any there. They are 
about the bigness of our large apple-trees, and about the 
same height, and the rind is blackish and somewhat rough ; 
the leaves are of a dark colour ; the gum distils out of the 
knots or cracks that are in the bodies of the trees. We com- 
pared it with some gum-dragon or dragon's blood that was 
aboard, and it was of the same colour and taste. The other 
sort of trees were not known by any of us. There was pretty 
long grass growing under the trees, but it was very thin. 
We saw no trees that bore fruit or berries. We saw no sort 
of animal nor any track of beast but once, and that seemed 
to be the tread of a beast as big as a great mastiff dog. 
Here are a few small land birds, but none bigger than a 
blackbird, and but few sea-fowls ; neither is the sea very 
plentifully stored with fish, unless you reckon the manatee 
and turtle as such ; of these creatiu-es there is plenty, but they 



10 New South Wales. 

are extraordinary sby, though the inhabitants cannot trouble 
them much, having neither boats nor iron. The inhabitants 
of this country are the miserablest people in the world. The 
Hodmadods of Monomatapa, though a nasty people, yet for 
wealth are gentlemen to these; who have no houses and 
skin garments, sheep, poultry, and fruits of the earth, ostrich- 
eggs, &c., as the Hodmadods have ; and setting aside their 
human shape, they differ but little from brutes. They are 
tall, straight-bodied, and thin, with small long limbs. They 
have great heads, round foreheads, and great brows. Their 
eyelids are always half-closed, to keep the flies out of their 
eyes, they being so troublesome here that no fanning will 
keep them from coming to one's face, and without the 
assistance of both hands to keep them off they will creep 
into one's nostrils and mouth too, if the lips are not shut 
very close ; so that from their infancy being thus annoyed 
with these insects they do never open their eyes as other 
people ; and therefore they cannot see far unless they hold 
up their heads as if they were looking at somewhat over 
them. They have great bottle-noses, pretty full lips, and 
wide mouths, the two fore- teeth of their upper jaw are want- 
ing in all of them, men and women, old and young ; whether 
they draw them out I know not ; neither have they any 
beards. They are long-visaged, and of a very unpleasing 
aspect, having no one graceful feature in their faces. Their 
hair is black, short and curled, like that of the negroes, and 
not long and lank like the common Indians. The colour of 
their skins, both of their faces and the rest of their body, is 
coal-black, like that of the negroes of Guinea. They have 
no sort of clothes, but a piece of the rind of a tree, tied like 
a girdle about their waists, and a handful of long grass, or 
three or four small green boughs full of leaves thrust under 
their girdle to cover their nakedness. They have no houses, 
but lie in the open air without any covering — ^the earth 
being their bed and the heaven their canopy. Whether 
they cohabit one man to one woman or promiscuously I 
know not, but they do live in companies, twenty or thirty 
men, women, and children together. Their only food is a 
small sort of fish, which they get by making wares of stone 
across- little coves or branches of the sea ; every tide bringing 
in the small fish, and there leaving them for a prey to 
these people, who constantly attend there to search for 
them at low-water. This small fry I take to be the top 
of their fishery. They have no instruments to catch great 



Early Australian Discovery. 11 

fish should they come, and such seldom stay to be left 

behind at low- water; nor could we catch any fish with our 

hooks and Knes all the while we lay there. In other places 

at low- water they seek for cockles, mussels, and periwinkles ; 

of these shell-fish there are fewer still, so that their chief est 

dependence is upon what the sea leaves in their wares ; which 

be it much or little they gather up, and march to the places 

of their abode. There the old people that are not able to stir 

abroad by reason of their age, and the tender infants, wait 

their return ; and what Providence has bestowed on them 

they presently broil on the coals, and eat it in common. 

Sometimes they get as many fish as makes them a plentiful 

banquet, and at other times they scarce get every one a taste ; 

but be it little or much that they get, every one has his part, 

as well the young and tender, the old and feeble, who are not 

able to go abroad, as the strong and lusty. When they have 

eaten they lie down till the next low- water, and then all that 

are able march out, be it night or day, rain or shine, it is all 

one, they must attend the wares, or else they must fast, for 

the earth affords them no food at all. There is neither herb, 

root, pulse, nor any sort of grain for them to eat, that we 

saw ; nor any sort of bird or beast that they can catch, 

having no instruments wherewithal to do so. I did not 

perceive that they did worship anything. These poor creatures 

have a sort of weapon to defend their ware, or fight with 

their enemies, if they have any that will interfere with their 

poor fishery. They did at first endeavour with their weapons 

to frighten us, who, lying ashore, deterred them from one 

of their fishing-places. Some of them had wooden swords, 

others had a sort of lances. The sword is a piece of wood 

shaped somewhat like a cutlass. The lance is a long straight 

pole, sharp at one end, and hardened afterward s by heat. I saw 

no iron nor any other sort of metal ; therefore it is probable 

they use stone hatchets, as some Indians in America do." 

The report which Dampier carried back to England 
threw no light upon the nature of New Holland ; and as men's 
minds were iu a state of uncertainty as to whether it was a 
group of islands or a portion of a great southern continent, 
the Earl of Pembroke, who was Lord Admiral of England, 
suggested that Dampier should return with a suitable vessel, to 
ascertain further particulars. This suggestion was favourably 
received. Preparation was accordingly made for carrying it 
into effect, and Dampier sailed from England in the year 
1699, during the reign of King William III. He did not, 



12 New South Wales. 

however, succeed in achieving the object he had in view, and 
only cruised along the west and north-west coasts, which he 
had abeady visited— in the course of his voyage naming a 
group of islands which lie off the north-west coast, Dampier's 
ArcMpelago. It may be interesting to mention here that 
the first notice of the kangaroo by any navigator occurs in 
Dampier's journal. Speaking of that portion of the west 
coast known as Shark's Bay, he says, "The land animals that 
we saw here were only a sort of racoons, differing from those 
of the West Indies chiefly as to their legs, for these have 
very short fore-legs, but go jumping upon them as the others 
do, and, like them, are very good meat/'. 

Of the achievements of English navigators who visited the 
Great South Land during the next fifty years after Dampier's 
time few records remain. The Dutch and French appear to 
have sent out two or three expeditions, but nothing of 
importance was revealed; and in the year 1768, as the 
problem remained to be solved whether the land was a con- 
tinent or not, the British Admiralty took the matter in hand 
and dispatched Captain James Cook on a voyage, partly to 
determine this question, but primarily to observe the transit 
of Venus. On the 26th of August, he set sail on this duty 
in the " Endeavour," a small ship of 370 tons burthen. 

After having successfully made his astronomical observa- 
tions at Tahiti, Cook entered upon his geographical enter- 
prise, and spent some months in exploring the coast of New 
Zealand, after which he sailed westward, and on the 19th 
of April, 1770, sighted land near the southern extremity 
of the Australian continent. To this point Cook gave the 
name of Point Hicks, as Mr. Hicks, the first lieutenant of the 
ship, had discovered it. The "Endeavour" coasted along the 
shore, and successively discovered and named Ram Head, 
Cape Howe, Point Dromedary, Point Upright, Cape George, 
and finally Botany Bay. Cook's own narrative of this part 
of the voyage runs thus : — " At daybreak (of the 28th) we dis- 
covered a bay (Botany Bay), which seemed to be well sheltered 
from all winds, and into which, therefore, I determined to 
go with the ship. The pinnace being repaired, I sent her, 
with the master, to sound the entrance, while I kept turning 
up, having the wind right out. At noon the mouth of the 
bay bore N.N.W., distant about a mile, and seeing a smoke 
on the shore, we directed our glasses to the spot, and soon 
discovered ten people, who, upon our nearer approach, left 
their fire and retired to a little eminence, whence they could 



Early Australian Discaverif. 13 

conveniently observe our motions. Soon after, two canoes, 
each having two men on board, came to the shore just under 
the eminence, and the men joined the rest on the top of 
it. The pinnace which had been sent ahead to soimd now 
approached the place, upon which all the Indians retired 
further up the hill, except one, who hid himself among some 
rocks near the landing-place. As the pinnace proceeded 
along the shore most of the people took the same route, and 
kept abreast of her at a distance. When she came back the 
master told us that, in a cove a little within the harbour, 
some of them had come down to the beach, and invited him 
to land, by many signs and words of which he knew not the 
meaning, but that all of them were armed with long pikes 
and a wooden weapon shaped somewhat like a cimeter. The 
Indians who had not followed the boat, seeing the ship 
approach, used many threatening; sutures, and brandished 
their weapons ; particularly twofw^ made a yery singular 
appearance, for their faces seemed to have been dusted with 
a white powder, and their bodies painted with broad streaks 
of the same colour, which, passing obliquely over their 
breasts and backs, looked not unlike the cross-belts worn by 
our soldiers ; the same kind of streaks were also drawn round 
their legs and thighs, like broad garters. Each of these men 
held in his hand the weapon that had been described to us 
as like a cimeter, which appeared to be about two feet and 
a half long, and they seemed to talk to each other with great 
earnestness. We continued to stand into the bay, and 
early in the afternoon anchored under the south shore, about 
2 miles within the entrance, in 6-fathom water, the south 
point bearing S.E., and the north point E. * * * 

The place where the ship had anchored was abreast of a 
small village, consisting of about six or eight huts ; and 
while we were preparing to hoist out the boat we saw an old 
woman, followed by three children, come out of the wood. 
She was loaded with firewood, and each of the children 
had also its little burden. When she came to the huts, 
three more children, younger than the others, came out to 
meet her. She often looked at the ship, but expressed 
neither fear nor surprise. In a short time she kindled a fire, 
and the four canoes came in from fishing. The men lauded, 
and having hauled up their boats, began to dress their dinner, 
to all appearance wholly unconcerned about us, though we 
were within half a mile of them. We thought it remark- 
able that of all the people we had yet seen, not one had the 



14 New South Wales. 

least appearance of clothing, the old woman herself being 
destitute even of a fig-leaf. * * * * After dinner 
the boats were manned, and we set out from the ship, 
having Tupia of our party. We intended to land where 
we saw the people, and began to hope that as they had so 
little regarded the ship's coming into the bay, they would 
as little regard our coming on shore. In this, however, 
we were disappointed, for, as soon as we appraached the 
rocks two of the men came down upon them to dispute 
our landing, and the rest ran away. Each of the two 
champions was armed with a lance about 10 feet long, 
and a short stick, which he seemed to handle as if it was a 
machine to assist him in managing or throwing the lance. 
They called to us in a very loud tone, and in a harsh dissonant 
language, of which neither we nor Tupia understood a single 
word ; they brandished their weapons, and seemed resolved 
to defend their coast to the utmost, though they were but 
two, and we were forty. I could not but admire their 
courage, and being very unwilling that hostilities should 
commence with such inequality of force between us, I ordered 
the boat to lie upon her oars ; we then parleyed by signs for 
about a quarter of an hour, and, to bespeak their good-wiU, 
I threw them nails, beads, and other trifles, which they took 
up and seemed to be well pleased with. I then made signs 
that I wanted water, and by all the means that I could 
devise endeavoured to convince them that we would do them 
no harm. They now waved to us, and I was willing to 
interpret it as an invitation ; but upon our putting the boat 
in they came again to oppose us. One appeared to be a 
youth about nineteen or twenty, and the other a man of 
middle age. As I had now no other resource I fired a musket 
between them. Upon the report, the youngest dropped a 
bundle of lances upon the rock, but recollecting himself in 
an instant, he snatched them up again with great haste. A 
stone was then thrown at us, upon which I ordered a musket 
to be fired with small shot, which struck the eldest upon the 
legs, and he immediately ran to one of the huts, which was 
distant about a himdred yards. I now hoped that our contest 
was over, and we immediately landed; but we had scarcely left 
the boat when he returned, and we then perceived that he 
had left the rock only to fetch a shield or target for his 
defence. As soon as he came up he threw a lance at us, and 
his comrade another ; they fell where we stood thickest, but 
happily hurt nobody. A third musket with small shot was 



Early AusircUian Discovery. 15 

then fired at them, upon which one of them threw another 
lanoe, and both immediately ran away. If we had pursued, 
we might probably have taken one of them ; but Mr. Banks 
suggesting that the lances might be poisoned, I thought 
it not prudent to venture into the woods. We repaired 
immediately to the huts, in one of which we found the 
children, who had hidden themselves beliind a shield and 
some bark. We peeped at them, but left them in their 
retreat, without their knowing that they had been dis- 
covered, and we threw into the house, when we went away, 
some beads, ribbons, pieces of cloth, and other presents, which 
we Iioped would procure us the goodwill of the inhabitants 
when they should return ; but the lances which we found 
lying about we took away with us, to the number of about 
fifty. They were from about 6 to 16 feet long, and all of 
them had four prongs in the manner of a fiss-gig, each of 
which was pointed with fish-bone and very sharp. We 
observed that they were smeared with a viscous substance 
of a green colour, which favoured the opinion of their being 
poisoned, though we afterwards discovered that it was a mis- 
take. They appeared, by the sea- weed that we found sticking 
to them, to have been used in striking fish. Upon examining 
the canoes that lay upon the beach, we found them to be the 
worst we had ever seen. They were between 12 and 14 feet 
long, and made of the bark of a tree in one piece, which was 
drawn together and tied up at each end, the middle being 
kept open by sticks, which were placed across them from 
gunwale to gunwale as thwarts. We then searched for fresh 
water, but found none, except in a small hole which had 
been dug in the sand. Having re-embarked in our boat, we 
deposited our lances on board the ship, and then went over 
to the north point of the bay, where we had seen several 
of the inhabitants when we were entering it, but which we 
now found totally deserted. Here, however, we found fresh 
water, which trickled down from the top of the rocks, and 
stood in pools among the hollows at the bottom ; but it was 
situated so as not to be procured for our use without difficulty. 
In the morning, therefore, I sent a party of men to that part 
of ihe shore where we first landed, with orders to dig holes 
in the sand where water might gather; but going ashore 
myself with the gentlemen soon afterwards, we found, upon a 
more diligent search, a small stream, more than sufficient for 
our purpose. Upon visiting the hut where we had seen the 
children, we were greatly mortified to find that the beads and 



16 New South JFales. 

ribbons which we had left there the night before had not been 
moved from their places, and that not an Indian was to be seen. 
Having sent some empty water-casks on shore, and left a party 
of men to cut wood, I went myself in the pinnace to sound 
and examine the bay. During my excursion I saw several 
of the natives, but they all fled at my approach. In one of 
the places where I landed I found several small fires and fresh 
mussels broiling upon them. Here also I found some of the 
largest oyster-shells I had ever seen.'* 

During their stay at this spot repeated attempts were made 
to establish some intercourse with the natives, but always 
without success. Cook says — " All the inhabitants that we 
saw were stark naked ; they did not appear to be numerous 
nor to live in societies, but, like other animals, were scattered 
about along the coast and in the woods. Of their manner of 
life, however, we could know but little, as we were never 
able to form the least connection with them. After the first 
contest at our landing they would never come near enough 
to parley, nor did they touch a single article of aU that we 
had left at their huts and the places they frequented, on 
purpose for them to take away." 

The great quantity of plants which Mr. Banks and Dr. 
Solander, the naturalists, collected in this place induced Cook 
to give it the name of Botany Bay. During his stay he caused 
the English colours to be displayed on shore every day, and 
the ship's name and the date of the year to be inscribed upon 
one of the trees near the watering-place. 

The " Endeavour" sailed from Botany Bay on the 6th May, 
and at noon, says Cook, " we were abreast the entrance of a 
bay or harbour, in which there appeared to be good anchorage, 
and which* I called Port Jackson." With reference to the 
discovery and naming of Port Jackson, the common belief has 
been that as the ^^ Endeavour" was sailing past, a seaman, 
named Jackson, who was on the foretopmast at the time, 
saw the gap and the water stretching inland beyond it, and 
reported the discovery to Captain Cook, who called the place 
Port Jackson, after the discoverer, but thinking the inlet was 
only a small boat harbour, merely marked it on his chart and 
passed on without entering. This, however, is not correct, for 
the Admiralty records show that there was no seaman on board 
the " Endeavour" named Jackson. It seems more probable 
that Cook gave the harbour the name it bears in recognition of 
the friendship that existed between liimself and his zealous 
patron, Sir George Jackson, who was for many years joint 



Early Australian Discovery. 17 

■ 

Secretary to the Admiralty, and afterwards Judge- advocate 
of the Fleet. By passing the port without entering it, Cook 
missed the opportunity of seeing the natural advantages 
possessed hy Sydney Harhour, and of identifying his name 
more intimately with its discovery. Sailing along the coast, 
Cook gave to the various conspicuous headlands and bays the 
names by which they are still distinguished. When off the 
north-eastern coast, at a place where shoals and rocks abound, 
the "Endeavour" suddenly struck on a coral reef, and was 
with difficulty kept from foundering. By an ingenious 
contrivance the leak was sufficiently stopped to enable the 
water to be kept under by the use of a single pump, till a 
suitable place was found on which to run the vessel ashore 
and effect the necessary repairs. To this place Cook gave 
the name Endeavour B/iver, and here he first saw the 
kangaroo. Cook, writing in his journal concerning this 
circumstance, says : " With the first dawn they set out in 
search of game, and in a walk of many miles they saw four . 
animals of the same kind, two of which Mr. Banks' grey- 
hound chased, but they threw him out at a great distance by 
leaping over the long thick grass, which prevented his 
running. This animal was observed not to run upoH four legs, 
but to bound or hop forward upon two. It is called by the 
natives *kanguroo.' " 

Cook concludes his account of this voyage along the sea- 
board of Australia as follows : — ''As I was now about to quit 
the eastern coast of Now Holland, which I had coasted from 
latitude 38° S. to this place (10^° S.), and which iam confi- 
dent no European had ever seen before, I once more hoisted 
English colours at Cape York ; and although I had already 
taken possession of several particular parts, I now took 
possession of the whole of the eastern coast, in right of 
His Majesty King George the Third, by the name of New 
South Wales, with all the bays, harbours, rivers, and islands 
situated upon it ; we then fired three volleys of small arms, 
which were answered by the same number from the ship." 
This was on the 21st August. 

On his second voyage to the South Seas, in 1773, Cook was 
furnished with two vessels, viz., the "Resolution" and his 
old ship, the " Endeavour," which was now commanded by 
Captain Furneaux. Cook did not visit any part of Australia 
on this occasion, but Captain Furneaux, whose ship had 
separated from her consort^ proceeded to Tasmania and 
explored the eastern coast of'/ ijhat country. 

B 



18 New South Wales. 

On his third voyage, in 1777, however. Cook anchored in 
Adventure Bay, on the south-eastern coast of Tasmania, and, 
remaining there several days, had excellent opportunities of 
making himself acquainted with the inhabitants and the 
natural productions of the country. Cook, in his first voyage, 
in 1770, had seen some groimds for suspecting that Van 
Diemen's Land might possibly be a separate island ; but as 
Captain Fumeaux, in his visit in 1773, did not confirm this 
opinion, the great navigator appears when making his last 
voyage to have arrived at the conclusion that it was part of 
the Australian continent; and this continued to be the 
opinion of geographers till 1798, when Mr. Bass discovered 
the straits w^hich bear his name. 

The next recorded expedition to the shores of Australia 
is indeed a memorable one — the dispatch of a British Colony 
to Botany Bay in 1788 ; and although the account of this 
event belongs rather to the history of Early Colonization 
than to that of Early Australian Discovery, yet it is intro- 
duced here as forming an appropriate conclusion to this 
chapter. It was the privilege of Captain PhiUip, when he 
found Botany Bay an unsuitable spot on which to plant his 
little Colony, to discover within a few hours' sail a haven 
which Captain Cook had passed without exploring — Port 
Jackson — the most beautiful, capacious, and convenient 
harbour in the whole world. 

Before describing the arrival of the expedition under 
Captain PhiUip, a few explanatory remarks are necessary. 

Whilst America was subject to England, British offenders, 
political or othermse, were transported to the Southern Colo- 
nies of that continent, or to the West Indies, where they 
were in the first instance employed chiefly in the production 
of tobacco. The consumption of tobacco was large, and the 
revenue derived therefrom considerable, Virginia and Mary- 
land being the principal producers. The American Colonies 
having revolted against British rule in 1776, and after a long' 
and severe struggle gained their independence, England 
sought a new field for colonization, and first tried the coast of 
Africa, but found it unsuitable and unhealthy. Her atten- 
tion was then turned to Australia, the eligibility of which for 
the purpose had been spreading since Cook's famous voyage 
thither in 1768. Accordingly, a fleet of eleven sail, carrying 
more than 1,000 souls, was assembled at Portsmouth, in the 
month of March, 1787, to proceed to Australia. The ex- 
pedition was imder the command of Captain Phillip. It 



Early Australian Discovery. 19 

sailed on 13th May, 1787, arrived safely at Botany Bay, 
after a voyage of eight months, and the disembarkation 
took place on the 18th, 19th, and 20th of January, 1788. 
Captain Phillip soon perceived that Botany Bay was in 
many respects unsuitable for a settlement, and he therefore 
determined to seek another situation, and accordingly, on the 
22nd of January, he set out upon an expedition to examine 
Port Jackson, and arriving there early in the afternoon was 
gratified "to find one of the finest harbours in the world, 
in which a thousand sail of the line might ride in perfect 
security. The different coves of the harbour were examined 
with all possible expedition, and the preference was given to 
one which had the finest spring of water, and in which ships 
can anchor so close to the shore that at a very small expense 
quays can be constructed at which the largest vesseb can 
unload." This cove, into which flowed "a fine run of fresh 
water, stealing silently through a thick wood,'* Governor 
Phillip called Sydney Cove, in honour of Viscount Sydney, 
who was then at the head of the Colonial Oflice, and 
had taken great interest in the welfare of the expedition. 
On this spot it was determined to form the settlement, and on 
the 26th of January the fleet was brought round from Botany 
Bay. As soon as the vessels arrived some men were sent on 
shore to prepare the place for the formal landing, and on the 
same day, the 26th January, 1788, a small patch of ground 
having been cleared at the head of Sydney Cove, a flagstaff 
was erected, and the British flag hoisted thereon. Haviug 
thus taken formal possession of the Country, the Governor 
deUvered a suitable speech eloquently prophetic of the 
future of Australia, and he and his officers, standing around 
the flagstaff, drank the health of King George III. 

A peculiar incident occurred the day before leaving Botany 
Bay. The new settlers were surprised to see two French 
war-ships in the offing. These proved to be the " Boussole'* 
and " Astrolabe," on a voyage of exploration in the Southern 
Seas, under the command of M. de la Perouse. The most 
amicable relations were established between the people of the 
two fleets who had thus strangely met at the Antipodes. 



20 New South Wales. 



CHAPTER II. 



GOVERNORS PHILLIP AND HUNTER.-1788-1800. 

First Historical Scene — Trouble with Aborigines — La P^rouse — Norfolk Island — Rumours 
of Gold — Supplies from Home — Departure of Phillip — State of Colony — First 
Emigrant Ship — Attempts to cross the Mountains — Governor Hunter — Bass and 
Flinders — Newcastle — Governor Hunter's Departure — First Printing Press — 
Statistics. 

The history of New South Wales, till within a comparatively 
recent period, is the history of Australia ; for by the King's 
Commission, which was read to the whole of the colonists, 
assembled at Daw^es' Point, on 7th February, 1788, the 
Colony was declared to extend from the northern extremity 
of the coast called Cape York in latitude 10° 37', to the 
southern extremity of South Cape in the latitude of 43° 29', 
including all adjacent islands within those latitudes, and 
inland to the westward as far as the 135th degree of east 
longitude. This important document, and the Act of Parlia- 
ment authorizing the establishment of Courts of Judicature, 
were read by the Judge- Advocate (Captain David ColKns). 
Governor Phillip delivered on the occasion an eloquent 
and encouraging address, sanguinely depicting the future of 
the Colony. 

The subsequent career of the infant settlement was for 
some time monotonous and uneventful. The natives, deem- 
ing the colonists visitors, at first submitted peacefully to their 
encroachments ; but on discovering the true state of affairs 
they became distrustful, shy, and treacherous. Their hostility 
increased as the scarcity of food became greater, owing to 
the disturbance of the wild animals on which thev relied for 
sustenance. Governor Phillip's humane endeavours to con- 
ciliate them practically resulted in failure, owing, it w^as sup- 
posed, to the unfortunate circumstance of M. de la P^rouse, 
during his scientific explorations, having fired upon them. 

The ships of the French expedition under La P^rouse 
saUed from Botany Bay on 10 March, 1788. During their 
stay Father Le Receveur, who had come out in the " Astro- 
labe" as a naturalist, died. His death was occasioned by 
w^ounds which he received in an unfortunate encounter at 



Governor Phillip. 21 

the Navigators' Islands. A monument was erected to his 
memory, with the following inscription : — 

Hie jacet Le Receveur, 

E. F. F. Minimis Gallise Sacerdos^ 

Physicus in circumnavigatione 

Mundi, ^ 

Dace DE LA Perouse, 

Ob. 17 Feb. 1788. 

This monument having been soon after destroyed by the 
natives, Governor Phillip caused the inscription to be engraved 
on copper and affixed to a neighbouring tree. La P^rouse 
and his ships were never again seen. After forty years had 
elapsed — during which an expedition had been undertaken to 
ascertain their fate — Captain Dillon, in command of the East 
India Company's ship "Research," ascertained that the 
" Astrolabe" had been wrecked on a coral reef, and that most 
of the crew had perished. Those who survived, being cast 
on the Mallicolo Islands, had died years before Captain 
Dillon visited the island. A monument bearing the following 
inscription has been erected to the memory of M. de la P^rouse 
at Botany Bay, where it still stands : — 

" A la m^moire de Monsieur de la P^rouse. Cette terre, qu'il visiia en 
1788, est la demiere d'oii il a fait parvenir de soi nouvelles. Erig^ au nom de 
la France par les soins de MM. Bougainville et Ducampier, commandant la 
fregate ' La Thetis' et la corvette ^ FEsp^rance/ en relache au Port Jackson 
en 1825. 

Le fondement pos6 en 1825 ; 
E16v6 1828." 

On 14th Pebruary, 1788, Lieutenant P. G. King was sent 
on an expedition to colonize Norfolk Island. The vessel, 
having landed a small party of deport^s with their tools and 
provisions, returned to Sydney in the following month. In 
1790, the numbers resident on the island having been 
augmented by the arrival there of various deportations. Major 
Boss was appointed Lieutenant-Governor. 

In August, 1788, a convict named James Daley declared 
that he had discovered gold, and produced a piece of stone 
apparently impregnated with gold. He at first refused, even 
under coercion, to say where he had found it ; but the 
Governor, who had been absent, having returned, "made 
Daley walk before him, and threatened him with instant 
death if he attempted to run away or deceive him. Under 
these circumstances he confessed that he had filed down part 
of a yellow metal buckle, had mixed with it some particles 
of gold filed off a guinea, and had blended the whole with 



22 New South Wale^r. 

clay, which he managed to render very hard/* Notwith- 
standing this statement some historians credit the- original 
story of Daley, on the hypothesis that his confession, extorted 
from him through fear of the lash, was not true. 

In the next year the Hawkeshury River was discovered and 
explored by Governor Phillip. This discovery was a singularly 
happy one, inasmuch as it led to the opening up of a large 
agricultural district of rich alluvial soil, which was speedily 
brought imder cultivation by the early settlers. 

Provisions having become scarce, the " Sirius" was sent to 
the Cape of Good Hope for supplies in January, 1789. She 
made a successful voyage, and returned to Sydney in May 
following. 

In 1790, however, the provisions again became scarce, and 
the people had to be put on short allowance. The " Sirius'* 
had been wrecked at Norfolk Island, and no intelligence had 
been received from England since the foundation of the 
Colony ; painful uncertainty and intense anxiety prevailed. 
" On the one side was an unknown shore and a shipless sea, 
^n the other an apparently limitless country, inhabited by 
savages, in which not a step could be taken without danger 
of being totally lost ; a country which produced no wild 
fruit or root fit for the sustenance of man, and, with the 
Exception of a wandering kangaroo or a shy, swift emu, no 
game of any size fit for food." This dread suspense was 
ended on the 3rd June, 1790, by the arrival of the " Lady 
Juliana," from London, with provisions and live stock. She 
was followed by the "Justinian"; and shortly after by the 
"Surprise," "Neptune," and "Scarborough," transports. 
These latter brought out what was afterwards embodied as 
the 102nd Regiment, or New South Wales Corps. 

Governor Phillip sailed for England on the 11th December, 
1792, after a five years' rule, dm'ing which his many excel- 
lencies of character had gained him the esteem of those whom 
ie had governed. It is recorded of him that during a period 
of general distress he made personal sacrifices, declaring that 
he- was willing to share with others the hardships of the time. 
He is commonly acknowledged to have possessed a combina- 
tion of qualities which eminently fitted him for the exercise 
of the large powers necessarily entrusted to him. "Powers 
^ual to those of the first Governor of New South Wales," 
I'Says a historian, " if held, have never been exercised by any 
other official in the British dominions. He could fine £600, 
y^aliite customs and trade, fix prices and wages, remit capital 



.Qavemor Thillipl 23: 

as well as other sentence, bestow grants of land, and create a 
monopoly of any article of necessity. All the labour in the 
Colony was at his disposal ; all the land, all the stores, all the 
places of honour and profit, and virtually all the justice." 
The same authority gives us the following dreary picture of 
the New South Wales of that day, which appears all the 
more striking by contrast with the present time : — ** Under 
the absolute government described, the settlers were crowded 
together on a narrow space — b, promontory cleared of dense 
forest. The soil was a barren sand; every yard required 
for cultivation had to be gained by removing enormous 
trees of a hardness that tried the temper of the best axes, 
wielded in skilled hands." And then the mass of the com- 
Boiunity were described as being under legal bondage ; having 
been bom in a free country they could not learn to submit 
and be happy, even if they had been well provided instead of 
being burned with heat, perished with cold, and always half- 
starved. Yet — ^and notwithstanding the gloomy conditions 
surroimding him — Grovemor Phillip is said to have never 
wavered in his sanguine expectations and firm belief in 
Australia's great future. 

At the close of 1792 the quantity of live stock in the 
Colony was 182; of land in cultivation, 1,703 acres; and 
the population could scarcely have exceeded 3,500 souls, 
exclusive of Norfolk Island. 



During the interregnimi between the departure of Governor 
Phillip in 1792 and the arrival of Governor Hunter in 1795, 
the government devolved upon Major Francis Grose, and 
afterwards Captain Paterson, both officers of the New South 
Wales Corps.. 

. On the 16th January, 1793, the first emigrant ship — the 
f f Bellona" — ^arrived with a number of free settlers. They 
were famished with agricultural implements by the Govern- 
ment, were to have two years' provisions, and free grants of 
land ; also the labour of a number of assigned servants. They 
settled down at a place 8 or 10 miles to the westward of 
Sydney, hence known as Liberty Plains; which, however, 
they soon abandoned, and migrated to the Hawkesbury River. 
. Attempts were made by Captain Paterson, Lieutenant 
Bawes, Quarter-master Hacking, and others, in this and 
following years, to cross the coast range known as the Blue 
Mountains, but they were not successful. 



24 New South Wales. 

In 1793 another period of great privation was experienced. 
In this year the first place of public worship was built ; the 
Scotch martyrs arrived ; cattle which had strayed when the 
Colony was founded were discovered 50 miles from Sydney, 
beyond the Nepean River, in a well-grassed district. This 
district, because of the circumstance from which its discovery 
was due, was afterwards known as the Oowpastures. 

On the 7th September, 1795, Governor Hunter arrived, 
and entered upon his duties. During Governor Hunter's 
rule great progress was made both in maritime and inland 
discovery. First in importance come the adventurous ex- 
plorations of Bass and Flinders in 1796 and following yeare. 
Matthew Flinders, midshipman, and George Bass, surgeon — 
who had arrived in the colony in the "Reliance," — ^made 
a perilous voyage in a boat 8 feet long, called the 
"Tom Thumb," to explore a large river said to fall into 
the sea some miles south of Botany Bay. They were 
absent eight days, explored Port Hacking in the course 
of their expedition, and experienced great danger from 
the sea, and on land from the aborigines. This was in 
the month of March, 1796. In December, 1797, in the 
absence of Flinders, who had been sent to Norfolk Island, 
the intrepid Bass obtained permission from the Governor to 
make an exploration to the southward. He was provided 
with seamen and six weeks' provisions; and in spite of 
tempestuous winds and a stormy sea, with an open boat he 
explored 600 miles of coast, discovered Western Port on the 
4ith January, 1798, and established the fact that Van 
Diemen's Land was an island, by the discovery of the straits 
that now bear his name. He returned to Sydney on the 
24th March, and in September following he and Flinders 
proceeded to Van Diemen*s Land, exploring part of the coast, 
and gaining such information as led to the founding of a 
settlement there in 1803-4. 

The discovery by Lieutenant Shortland of a commodious 
harbour for small vessels on the eastern coast, about 60 miles 
to the northward of Port Jackson, is the next in importance. 
"The locality around the harbour was subsequently called 
Newcastle, from the abundance of excellent pit-coal in its 
vicinity ; the main river was named the Hunter, in honour 
of the Governor, and the two other rivers (the William 
and the Paterson) in honour of Lieutenant-Colonel William 
Paterson, the Lieutenant-Governor of the Colony." 



Oaoemor Sunfer^ 25 

In 1799 it was reported that a convict named Wilson 
had found a route across the Blue Mountains. As several 
attempts had been made before — ^notably one by Lieutenant 
Bass in 1796, — ^and as the inaccessibility of the mountains 
had been presumably proved, the statements of Wilson 
(who had been living with the blacks, and was somewhat ac- 
quainted with their language) were disbelieved by all but the 
Governor, but they were afterwards found to be perfectly 
correct. Bennett says, " That he penetrated as far as the 
Lachlan River hardly admits of doubt." 

The history of the Press in New South Wales dates back 
to the time of Governor Hunter. Governor Phillip had 
brought out a small printing press and types, which had not 
been used for want of a printer. One was at last found ; and 
one of Captain Hunter's first acts was the establishment of a 
small printing office, which, at first used for printing official 
notices only, became eventually the office of the Sydney 
Gazette^ for upwards of thirty years the Government organ. 

Notwithstanding that several floods and droughts occurred, 
and the desultory war with the natives continued throughout 
the period of his administration, the Colony made material 
progress under Governor Hunter, as may be judged by a 
comparison of the following figures with the statistics of 
1792 before given : At the date of the Governor's departure 
(September, 1800) there were 203 horses, 1,044 cattle, 6,124 
sheep, and 2,182 goats ; the land under cultivation amounted 
to 7,677 acres ; and the population numbered 6,647 persons 
(not including 961 in Norfolk Island) . 



2Si. New Sotfth Waiet, 



CHAPTER III. 



_ GOVERNORS KING AND BLIGH.-1800-1808. 

GU>yerm)r E.mg — ^Macarthur — Cruise of the ''^Investigator '^ — ^The Sydney OazeUe — 
P6ron*8 Narratiye — ^BUgh, of the "Bounty" — Quarrel with Macarthur — Bligh's 
Arrest and DepofiitioiL 

Governor King, the third Governor of New South Wales, 
assumed oflBlce in September, 1800. He had served under 
Captain Phillip in Australia before, and assisted in establish- 
ing the subordinate settlement of Ncwfolk Island in 1788 — 
the colonization of which, in preference to New South Wsdes^ 
yra;^ a scheme always greatly favoured by him. 

It was at this time that Captain John Macarthur intro- 
duced the industry which has become the staple of New 
South Wales — that of wool-growing. This gentleman, 
formerly an officer in the New South Wales Corps, being 
struck with the pastoral capabilities of the country, retired 
from the service, became a settler, and laid the foundation of 
the great pastoral interest. 

In the beginning of 1799, Messrs. Flinders and Bass re- 
turned from the circumnavigation of Van Diemen^s Land. 
Bass was sent to England; Flinders, accompanied by his 
brother, was despatched on an expedition to examine 
Moreton Bay and Hervey's Bay — which proved unsuccessful. 
On his return to England, he obtained a commission for the 
purpose of following up his Australian discoveries. The 
narrative of his "Voyage to Terra Atistralis in the years 
1801-3, in H.M.S. * Investigator,'" published in 1814, is of 
great interest. Captain Flinders discovered Spencer's and 
St. Vincent's Gulfs, Port Lincoln, Kangaroo Island, and 
Cape Jervis ; and surveyed Port Phillip ; on the north-east 
coast of Australia surveyed and examined Hervey's Bay, 
Bustard Bay, Port Curtis, Keppel Bay, Port Bo wen, and 
Broadsound; and afterwards the eastern, southern, and 
western coasts of the Gulf of Carpentaria. 

The Sydney Gazette, a weekly newspaper, and till 1832 
the official organ, was established in the year 1803. 



. Governor £ligh. 27 

M. P^ron^ who accompanied Captain Baudin, the French 
navigator, and who visited the Colony at this time, says, " In 
the port we saw several vessels recently arrived from different 
quarters of the world. This assemblage of grand operations, 
this constant movement of the shipping, impressed on these 
shores a character of importance and activity which we were 
far from expecting in a country so lately known to Europe, 
and the interest it excited increased our admiration." 

The population of the Colony in 1806 was about 9,0Q0, 
of which 7,200 were in New South Wales. The quantity 
of land located was 48,855 acres, of which 12,860 acres 
were under crop; and the live stock consisted of 438 
horses, 3,264 head of homed cattle, 16,501 sheep, 14,300 pigs, 
and 2,900 goats. 

Captain William Bligh — ^whose previous career in com- 
mand of the " Bounty " is known to all acquainted with the 
history of the memorable mutiny — succeeded King in the 
Governorship of New South Wales. His career was short, 
but eventful. 

The circumstances attending his arrest appear to have 
absorbed the attention of most AustraUan historians, and to 
have diverted their thoughts Srora industrial and commercial 
topics. From an address presented to Governor BUgh, signed 
by 833 settlers and lancUiolders — dated January 1, 1808, a 
few days before his arrest — ^the Colony is represented as in a 
plenteous and flourishing state, rapidly growing in population 
and opulence. On the other hand Bligh painted the condition 
of the settlement in the darkest colours. 

At the commencement of 1808 there arose a circumstance 
which was fruitful of serious results. A succession of quar- 
rels with the head of the Executive about commercial matters 
had resulted in Mr. John Macarthur (late of the New South 
Wales Corps) being committed for trial for higli misdemean- 
ours before a Criminal Court, consisting of the Judge- 
Advocate and six officers of the New South Wales Corps, 
on the 25th January, 1808. After a stormy scene — owing 
to the conduct of the officers, who had resolved on defending 
Mr. Macarthur — the Judge- Advocate left the room and pro- 
cured a warrant for the latter's arrest; while the officers 
sent a memorial to the Governor requesting the appointment 
of a new Judge- Advocate. Various complications ensued ; 
the Governor repeatedly in this crisis sent for Major John- 
ston, the officer commanding the New South Wales Corps^ 



28 New South Wales. 

who replied that he was too unwell to attend. On Anniver- 
sary Jykjj when it was found that the officers were to be 
summoned before the Governor and a Bench of magistrates, 
the situation culminated in a riot, and Major Johnston, riding 
up about this time, was persuaded by a number of the excited 
populace congregated around the barracks to place the Go- 
vernor under arrest. He accordingly addressed the following 
letter to Governor Bligh : — 

"Sir, Head Quarters, January 26, 1808. 

" I am called upon to execute a most painful duty. You are charged 
by the respectable inhabitants of crimes that render you unfit to exercise the 
supreme authority another moment in this Colony ; and in that charge all the 
officers serving under my command have joined. 

'^ I therefore require you, in His Majesty's sacred name, to resign your 
authority, and to submit to the arrest which I hereby place you under, by the 
advice of all my officers, and by the advice of every respectable inhabitant of 
the town of Sydney. " I am, sir, 

'' Your most obedient humble servant^ 
(Signed) "GEORGE JOHNSTON, 

" Acting lieutenant-Govemor, and Major commanding 

" New South Wales Corps." 
"To William Bligh, Esq., F.R.a, Ac., Ac." 

This was followed by the order to march on Grovemment 
House. The Governor was found and placed under arrest ; 
whereupon Major Johnston assumed the government of the 
Colony. On the following day a proclamation was issued, 
also a general order superseding Governor Blights nominees, 
and appointing others in their stead. Mr. Macarthur shortly 
afterwards assiuned office as Colonial Secretary, after a trial 
resulting in unanimous acquittal. To prevent a re-action 
among the free emigrants and better part of the Emancipists 
— ^among whom the deposed Governor was popular — all public 
meetings (save for addressing existing authorities) were 
strictly prohibited. Governor Bligh was kept under restraint 
for twelve months, when, after much negotiation, he was 
allowed to resume command of the " Porpoise," on condition 
of his proceeding to England. He, however, sailed for Van 
Diemen*s Land ; where, owing to despatches from Sydney, 
an attempt was made to seize his person. He re-embarked, 
however, and remained on the coast till the arrival of Governor 
Macquarie in December, 1809, whom he followed to Sydney 
a few weeks after, and finally left for England on the 12th 
May, 1810. Major Johnston was tried in England by court- 
martial for his action in the business on the charge of mutiny 
in May, 1811, and cashiered from the service ; Mr. Macarthur 
was prohibited from returning to the Colony for eight years. 



Governor Macquarie. 29 



CHAPTER IV. 



GOVERNOR MACQUARIE.-181C-1821. 

Passage of the Blue Monntatns — ^The Charter of Justioe— King's Surveys — Oxley*s and 
Hume's Discoveries — Social Contests — Maoquarie's Defence — Statistics* 

GovEBNoa Macquabib arrived in the Colony in December 
1809, and entered upon his admin istration on 1st January, 
1810. 

In 1813 the Blue Mountains were crossed by Messrs. 
Wentworth, Blaxland, and Lawson ; and Bathurst Plains were 
discovered by them. B;epeated droughts, and the unsuitable- 
ness of the country around Sydney for agricultural or 
pastoral purposes, had forced upon the colonists the necessity 
of again searching for a passage across the mountain barrier. 
With incredible toil and hardships, these intrepid men, some 
of whom were destined to play an important part in colonial 
history, effected a passage *^ across a chain of mountains 
clothed with dense timber and brushwood, and intersected by 
a succession of ravines, which presented extraordinary diflBi- 
culties — ^not so much from their height as from their precipi- 
tous character. At the foot of the opposite side of the moun- 
tains, an easy journey led to Bathurst Plains — the finest 
country the colonists had yet seen, far exceeding even the 
famous Cowpastures on the Nepean." 

Within Mtoen months from this discovery Governor 
Macquarie, with characteristic promptitude, caused a road to 
be made ; and many settlers quickly transferred their flocks 
and herds to the newly-discovered country. 

In 1812 a Select Committee of the House of Commons was 
appointed to inquire into the state of New South Wales. The 
circumstances connected with the deposition of the late Gover- 
nor, and the many complaints received in England regarding 
the hardships caused by the monopoly of the favoured class, 
led the British Parliament to this action. A new Charter 
of Justice was conferred on the Colony as the result of these 
investigations. By this Charter two Courts — ^the Governor's 
Court and the Supreme Court — ^were created. The former 



do New South WdleB. 

Court was a modification of the previously existing tribunal ; 
the latter consisted of a Judge, appointed under the King's 
sign manual, with two assistant magistrates, appointed by the 
Governor. The first Judge of the Supreme Court — Mr. Jeflfrey 
Hart Bent — arrived in the Colony in July, 1814. When the 
new Judge was about to open his Court, in May, 1815, a letter 
from the Governor was read, transmitting petitions from two 
persons who had been transported for perjury and forgery 
respectively, praying for permission to practise as solicitors and 
barristers of the Supreme Court. Although the Governor re- 
commended the prayer of these petitions, the Judge refused to 
admit the petitioners as attorneys of the Court, or to administer 
the oaths to them, averring that it would be contrary to law, 
and that no circumstances and no necessity could exist so 
strong as to induce him to do so. This led to a collision 
between the Judge and the Governor ; and the upshot of the 
dispute was the recall of Judge Bent by Earl Bathurst. He 
was succeeded by Mr. Barron Field, an English barrister, 
who arrived in the Colony in 1817 ; and whose career was 
hot a more fortunate one (owing to certain disputes with 
the Emancipists), than that of Judge Bent. 

In the year 1817 Captain Phillip Parker King, E;.N. (son of 
Governor King), sailed from Sydney on a voyage of discovery, 
and reached the north-west Cape on 1st January, 1818. Here 
he transferred his party from the "Mermaid" to the Govern- 
ment surveying ship " Bathurst." His explorations consisted 
of a survey of the east coast for 900 mUes, to Cape York ; 
of the north and north-west coasts, from Cape .Wessel to Cape 
Villaret, 1,100 miles ; and of the west coast from Cape 
Leeuwin to Depuch Island. 

In 1817, Mr. John Oxley (Surveyor-General) explored the 
Lachlan River, tracing it downwards for more than 400 
miles, to 144^° east longitude, where it terminated in exten- 
sive morasses. In returning, however, he crossed a fine 
tract of pastoral country, now called Wellington Valley, and 
at length reached the Macquarie E;iver, which was silently 
pursuing its north-westerly course to its unknown termi- 
nation. In the following year Mr. Oxley made a journey 
down the Macquarie, but was completely baffled by arriving 
at a dead level where the river spread itself far and wide 
all over the couritry. Striking across towards the coast, 
the party crossed the well- watered country of Liverpool 
Plains; and before retumiiig to Sydney discovered the 
Hastings and* Manning Rivers. In the same year Mr. 



Qaverhor Macquarie. SI 

Hamilton Hume discovered and explored the large agri- 
cultural and pastoral district of which Goulburn is now 
the centre. This discovery, which at first embraced only the 
district of Argyle, was in 1819 pushed as far as the banks of 
th^ Murrumbidgee B/iver, a large and rapid stream, whi<^ 
was left pursuing its solitary and mysterious course to the 
south-westward. The important discoveries which were made 
in Macquarie's era increased the known area of the Colony to 
perhaps twenty times its former extent ; and new soiu'ces of 
wealth, of incalculable amount, were thrown open to the 
industry and enterprise of its inhabitants. 

One of the most remarkable features of Governor Mac- 
quarie's time was the number of public buildings erected, the 
total reaching 250. 

Representations regarding the elevation of certain Eman- 
cipists to the magistracy by Governor Macquarie, and the 
favour with which he regarded that class generally, were, 
towards the close of his administration, made to the Home 
Government. They accordingly despatched a Commissioner 
(Mr. John Thomas Bigge) to " examine into all the laws, 
regulations, and usages of the territory and its dependencies, 
and into every other matter or thing in any way connected 
with the admioistration of the civil government, the state of 
the judicial, civil, and ecclesiastical establishments, revenue, 
trade, and resources.** Mr. Bigge's inquiries extended over 
two years, and his report was printed in 1822, by order of the 
House of Commons. 

Governor Macquarie returned to England in the middle of 
the year 1822. In defence of his policy, which had been 
vigorously attacked principally on account of the favour with 
which he regarded the Emancipist class, he wrote to Earl 
Bathurst on his arrival, as follows: — " I found the Colony barely 
emerging from infantile imbecility, and suffering from various 
privations and disabilities ; the country impenetrable beyond 
40 miles from Sydney ; agriculture in a yet languishing state ; 
commerce in its early dawn ; revenue unknown ; threatened 
with famine ; distracted by fection ; the public buildings in a 
state of dilapidation and mouldering to decay ; the population 
in general depressed by poverty ; no public credit nor private 
confidence ; the morals of the great mass of the population 
in the lowest state of debasement, and religious worship 
almost totally neglected. Such was the state of New South 
Wales when I took charge of its administration on 1st 
January, 1810. I left it in Eebruary last, reaping incalculable 



82 



NeiD South Wales. 



advantages from my extensive and important discoveries in 
all directions, including the supposed insurmountable barrier 
called the Blue Mountains, to the west^vard of which are 
situated the fertile plains of Bathurst ; and in all respects 
enjoying a state of private comfort and public prosperity." 



Statement op Population, <kc. 



'^Population (including Military). 
Homed Cattle 
Sheep 
HogB ... ... 

Horses 

Acres cleared and in tillage 



March, 1810. October, 1821. 



itaiy)... 11,690 . 
... 12,442 .. 
... 25,888 . 


.. 38,778 
. 102,939 
.. 290,158 


... 9,544 . 

... 1,134 . 

e ... 7,615 .. 


33,906 

4,564 

. 32,267 



Including the population of Van Diemen^s Land aa part of New South Wales. 



Governor Brisbane. 33 



CHAPTER V. 



GOVERNOR SIR THOMAS BRISBANE.-1821-1825. 

Era of Free Immigration — ^Various DiBCOveries — A Legislative Council — Trial by Jury — 
Liberty of the Press — A. A. Co. — Brisbane recalled — Statistics. 

Major-General Sir Thomas Brisbane, K.C.B., entered 
upon his duties on Ist December, 1821. 

Prior to the close of Grovemor Macquarie's administration, 
a few families had emigrated to the Colony, receiving grants 
of land on arrival, and rations for a certain time thereafter. 
The capabilities of the Colony, however, becoming better 
known in England, a larger immigration set in and gradually 
increased in volume. The immigrants were encouraged by 
grants of land selected in localities chosen by themselves. 

Commissioner Bigge, in his report on the condition of the 
Colony, had recommended that penal settlements should be 
formed to the northward of Port Jackson ; the first place fixed 
upon was Port Macquarie, and an establishment was formed 
there. It was afterwards considered desirable to remove it to 
a more northerly position ; and with this object in view Mr. 
Oxley was directed to proceed to Port Bowen in 1823, and to 
examine Moreton Bay on his way thither. He did so, and 
discovered the Brisbane River, one of the largest rivers on 
the eastern coast, where a penal settlement was accordingly 
formed. 

In the year 1823, Captains Stirling and Currie, in the 
course of an expedition southward, discovered a tract of 
extensive and undulating country, free from timber, and well 
watered by the Murrumbidgee, which they named Brisbane 
Downs, but which is now known as Maneroo, or Manaro 
Plains. 

In the following year, Messrs. Hovell and Hume under- 
took an overland journey from Lake George, in the County 
of Argyle, to Bass' Straits, during which they discovered the 
Hume, the Ovens, and the Goulburn Rivers, traversed a 
beautiful pastoral country, and reached the north-eastern 
arm of Port Phillip on the 16th December, 1824. 



84 .New South Wales. 

Mr. Allan Cunningham, the celebrated botanist, also 
about this time discovered the Cudgegong River, and a prac- 
ticable pass from the Upper Hunter district into the extensive 
pastoral country to the northward, previously discovered by 
Mr. Oxley, and known as Liverpool Plains. 

On the 11th August, 1824, a proclamation appeared in the 
Sydneif Gazette announcing that His Majesty had been 
pleased to institute a Legislative Council for New South 
Wales. The following Despatch was received by the Governor 
from the Secretary of State, transmitting a warrant appointing 
a Legislative Council in the Colony of New South Wales : — 

*• Downing-street, 19th January, 1824. 
"Sir, . 

"It being provided by the Act of the 4th George 'IV., cap. 96, that 
His Majesty may, by warrant under His Eoyal sign manual, constitute and 
appoint a Council for the Colony of New South Wales, and that the Governor, 
with the advice of such Council, shall have power and authority to make laws 
and ordinances for the peace, welfare, and good government of the said 
Colony, I have the honor herewith to transmit to you His Majesty's mandamus 
nominating the five principal officers in the Colony to seats in the Council. 

" I am to desire, that you will particularly explain to the gentlemen selected, 
that the nomination of the present Council is only intended to be jyro tempore^ 
and that the warrant will be revoked as soon as I shall have received from 
you the names of ten of the principal merchants and landholders whom you 
may consider eligible to form the Council, from which His Majesty will select 
as many as may be deemed. proper. I however reserve to myself the power of 
submitting the names of any of the Members of the present Council for 
re-appointment, should I consider it to be advisable. 

" I have the honor to be, 
" Sir, 
" Your most obedient humble servant, 

(Signed) "BATHURST." 

" Governor Sir Thomas Brisbane, K.C.B., &c, Ac., <fec." 

'The names of the "five principal oflB.cers" who held seats 
in the first Legislative Council were these : — ^William Stewart, 
Lieutenant - Governor ; Francis Forbes, Chief Justice ; 
Frederick Goulburn, Colonial Secretary; James Bowman, 
Principal Colonial Surgeon; and John Oxley, Surveyor 
General. 

At the first meeting of the Council the Royal warrant 
appointing these gentlemen to be members of Council for 
New South Wales and its dependencies was read. His Ex- 
cellency administered the oath to all the gentlemen appointed 
ex;cept Mr. William Stewart, Lieutenant-Governor, who wa? 
absent from the Colony. 

, On the 10th May, 1825, a warrant, revoking all the previous 
appointments to the Council and making new ones, was read 



Governor Brisbane. 35 

by the Grovernor. The'same gentlemen were appointed, with 
the exception of Mi:. Oxley, who was succeeded by Archdeacon 
Seotfc. 

lliis Council continued its sittings at short intervals till 
the close of November, 1825. Laws were passed for the 
regulation of the granting of licenses for the sale of spirits, 
ale, beer, and other liquors in New South Wales and Van 
Diemen's Land, respectively; for the relief of persons im- 
prisoned for debt ; for the regulation of shipping ; to regulate 
the collection of Customs and duties, and to prevent smug- 
gling ; also to regulate the postage of letters in New South 
Wales ; and for the naturalization of certain aliens. 

Trial by jury was conceded in 1824, by the Act 4 Geo. IV 
cap. 96. The Act 4 Geo. IV., c. 96 (repealed by 9 G. IV., c 
83, s. 39), empowered His Majesty to erect and establish, 
bv Charters or Letters Patent under the Great Seal of the 
United Kingdom, Courts of Judicature in New South Wales, 
&c., to be styled the Supreme Court of New South Wales. 
The new Charter of Justice, establishing a Supreme Court 
of Judicature, and appointing Mr. Prancis Porbes to be 
its first Chief Justice, was formally promulgated in Sydney 
on 17th May, at Government House, the Court-house, 
and in the Market-place, and Judge Porbes took his seat 
on the Bench on the same day. The Court, in its criminal 
jurisdiction, sat for the first time on the 10th June following. 
A legal technicality in the Act, as to whether civil or military 
juries should be empanelled, gave rise to a controversial 
correspondence between the magistrates and the Chief 
Justice. The matter ultimately came on for argument in the 
Supreme Court ; the decision . went against the magistrates, 
and the first civil jury were empanelled on 1st November, 
1824. 

In 1824 the formal concession of the liberty of the Press 
was made. Mr. Howe, the proprietor of the St/dner/ Gazette, 
was formally apprised by a letter from the Colonial Secretary 
that, in response to a memorial which had been considered 
by the Governor, instructions had been issued to remove the 
censorship exercised over the Press. The salutary effect of 
this was shown by the establishment within a year or two 
of two new private journals in Sydney — the Australian, 
edited by Dr. Wai-dell and Mr. W. C. Wentworth ; and the 
Monitor, by Mr. E. S. Hall. 

The formation of the Australian Agricultural Company, 
with a capital of a million sterling, dates from the year 1825. 



36 New South Wales. 

Operations on a large scale were commenced towards the 
close of that year ; and the local government transferred to 
the Company on very easy terms, the coal mines at New- 
castle, together with all the appliances and machinery. The 
directors, by obtaining from Earl Bathurst the exclusive 
right of raising and dealing in coal, became possessed of a very 
lucrative monopoly. Port Stephens was the head-quarters of 
their agricultural enterprise. 

Sir Thomas Brisbane established a colonial currency which 
raised the pound sterling 25 per cent. The discontent 
caused by the commercial embarrassment which followed 
this action led to his recall ; and on 1st Dec, 1825, he retired 
from the Government. 

The following statistics are taken from the records of 
the B;egistrar General, and illustrate the progress made 
during the administration of Sir Thomas Brisbane : — 

Population. Revenue. Expenditure. 

1821 29,783 X36,231 

1822 30,766 45,210 £46,429 

1823 31,729 

1824 32,702 49,471 

1825 33,675 71,682 93,020 



Governor Darling. 37 



CHAPTER VI. 



GOVERNOR DARLING-1825-1831. 

The New Legislative Council — Boyal Inatructioiis — Commercial Panic — The " Rogue's 
March *' — Legislation anent the Press — Mr. Justice Forbes — Discoveries by Captain 
Sturt — Sydney Water Supply — Separation of Van Diemen's Land — Statistics. 

Lieutenant-General Ralph Darling, the seventh Governor 
of New South Wales, entered office on December 19, 1825, 
Colonel Stewart having administered the affairs of the Colony 
for eighteen days previous to his arrival. 

One of the first official acts of Governor Darling was the 
appointment of a new Legislative Council as follows : — 
President : the Governor. Official members : Colonel Stewart 
(Lieutenant-Governor), Chief Justice Forbes, Archdeacon 
Scott, and Alexander Macleay (Colonial Secretary). Non- 
official: Messrs. John Macarthur, Robert Campbell, sen., and 
Charles Throsby. The Executive Council consisted of the 
official members only. On the 20th December, the warrant 
appointing the Legislative Council having been read, the 
members were sworn in. 

On the 17th February, 1826, His Excellency laid before the 
Council an extract from the King's Instructions, which was 
ordered to be entered on the minutes. These instructions 
laid down rules for observance in the enactment of laws. 
The chief points were : No perpetual clause should be part 
of any temporary law. No law was to be re-enacted to which 
the Royal assent had once been refused, without express leave 
for that purpose having first been obtained through the Home 
Government ; nor was the enactment of any law repealing 
any law passed by the Legislative Council to be proposed, 
whether the same had or had not received Royal approbation, 
unless a clause was inserted therein suspending and deferring 
the execution thereof until the King's pleasure should be 
tnown concerning the same. No laws whatsoever — except 
upon some unforeseen emergency — ^were to be made to 
continue for less than two years ; neither was any Act to be 
passed whereby the Revenue might be lessened or impaired 



38 New South Wales. 

without special leave or commands therein. No law or 
ordinance was to be proposed for the naturalization of aliens, 
nor for the divorce of persons joined togetlier in holy 
matrimony, nor for establishing a title in any persons to 
lands, tenements, and real estates in the territory or its 
dependencies, originally granted to, or purchased by, aliens 
antecedent to naturalization. No law or ordinance of an 
unusual and extraordinary nature and importance whereby 
the Crown's prerogative or the property of the subject might 
be prejudiced ; nor any law whereby the trade or shipping of 
the kingdom should be in any way aiffected, was to be pro- 
posed until the draft of such lawfi or ordinances had been 
transmitted through the Secretary of State for the Koyal 
pleasure. The laying of these instructions before the members 
was the only circumstance of importance chronicled in the 
Minutes of the Proceedings of the Legislative Council from 
December, 1825, to August, 1826. 

An Act for vesting the Orphan School Estates in the 
Trustees of the Clergy and School Lands in the Colony of 
New South Wales was passed in August, 1826. 

The Australian Agricultural Company about this time. com- 
menced operations on an extensive scale, and by their rapid 
purchases caused a remarkable rise in the price of live stock. 
The result was a rapid accumulation of wealth by the 

Eastoralists ; and a mania for the possession of flocks and 
erds possessed all classes of the community in consequence. 
"Barristers and attorneys; military officers of every rank, 
and civilians of every department ; clergymen and medical 
men ; merchants, settlers, and dealers in general, were seen 
promiscuously mingled together' every Thursday" — at the 
cattle market, each striving clamorously to outbid the oth«r. 
In the midst of this great speculative excitement a severe 
drought of nearly three years* continuance visited the Colony, 
the result of which was that many fortunes were sunk, and 
many families ruined. This financial crash was of the most 
disastrous character. Everybody had bought, extravagantly, at 
the same time ; the majority of purchasers had given long- 
dated bills in payment ; these bills falling due simultaneously, 
everybody wanted to sell concurrently in order to meet their 
liabilities. Consequently the market was glutted ; the prices 
continued to fall until the value of a beast was measured 
by shillings instead of pounds ; and widespread distress was 
the result. This was intensified by the fact that large sums 
of money had to be sent out of the colony — to Van Diemen's 



Qoternor JDarling. 39 

Land and elsewhere — for breadstufFs ; owing to the pursuit 
of agriculture being almost abandoned during the pastoral 
mania, and also to the drought destroying most of what 
wheat and maize was planted. 

A circumstance that occurred a year after Darling arrived 
caused considerable commotion. A soldier named Thompson, 
conceiving that the condition of a convict was preferable to 
his own, persuaded a comrade named Sudds to join him in 
the commission of a felony. They were detected, delivered 
over to the civil power, convicted, and sentenced to trans- 
portation for seven years to one of the northern settlements. 
The Governor interposed, determining to punish the culprits 
in a manner calculated to prevent the spread of such dan- 
gerous notions among the military as led to the offence of 
these men, and to deter others from similar deeds. This idea 
he carried out by issuing a Greneral Order, as Commander 
of the Forces, directing the men to be taken from the 
custody of the gaoler and brought to the Barrack-square in 
Sydney, where, in presence of the assembled military, their 
sentence was changed to seven years' hard labour in irons on 
the roads. They were then stripped of their uniform and 
dressed in prison clothes, iron collars with long projecting 
spikes were affixed to their necks, and fetters and chains to 
their legs ; and they were marched off to gaol, the band 
playing the Rogues' March. Sudds succumbed to this treat- 
ment shortly after. Mr. Wentworth took up the case of 
Sudds and Tliomson, drew up a formal impeachment against 
His Excellency, and endeavoured to bring the matter before 
the House of Commons. In 1835 the case was investigated 
by a committee of the House of Commons, when General 
Darling was exonerated. 

On the 24th April, 1827, the Governor laid before the Legis- 
lative Council two Acts. They were intituled, respectively, 
" An Act for preventing the mischiefs arising from the Print- 
ing and Publishing Newspapers, and Papers of a like nature, 
by persons not known, and for regulating the Printing and 
Publication of such papers in other respects, and also for 
restraining the abuses arising out of the Publication of Blas- 
phemous and Seditious Libels " and " An Act for imposing 
a duty upon all Newspapers, and Papers of a like nature 
printed to be dispersed and made public." The Council 
proceeded to take the clauses of the first-mentioned BiU 
into consideration seriatim. After several amendments had 



40 NeiD South Wales. 

been made, the Bill was passed on 25th April. It provided 
that after 1st May, 1827, no newspaper was to be printed or 
published until after the delivery of an affidavit or affirma- 
tion setting forth the name and residence of the editor or 
publisher of such newspaper — under a penalty of £100. 
Persons convicted of blasphemous or seditious libels were 
either to suffer such punishment as might by law be inflicted 
in cases of high misdemeanors, or to be banished from the 
Colony and its dependencies for such term of years as 
the Court should order. 

The Act for imposing a duty on Newspapers was then 
considered. On the 2nd May, the Colonial Secretary moved 
that the blank in the first clause of the Act be filled up with 
the sum of " four'* pence. An amendment by the Arch- 
deacon — that "six*' pence be inserted in lieu of "fom*" 
pence — was negatived, and the original motion was carried. 
On the 3rd May — the Chief Justice being absent — ^the Council 
passed the Act ; also an " Act for preventing the publish- 
ing of Books and Papers by persons not known." 

But the Chief Justice refused to certify the Newspapers 
Duty Bill, and, when the Legislative Council met, on the 
31st May, the Clerk was directed to enter the following 
Memorandum in the Council Book : — 

" It having been communicated to the Council, that His Honor the Chief 
Justice has refused to re-certify the Bill No. 3, for imposing a duty on News- 
papers, which passed the Council with the blank filled up with the duty of 
* four '-pence, on the 3rd day of May, judge it expedient to record the following 
f£U3ts relative to the progress of that Bill through the Council. First — That 
when the Bill was laid before the Council by the Governor, on the 24th day 
of April, the Chief Justice being present, the Clerk read the Bill, stating that 
the sum of four-pence was marked on the margin in pencil, to which no 
objection was made by the Chief Justice. Secondly — ^That on the 2nd day of 
May, the Bill was read a second time, and the clauses were read seriatim ; 
upon the introduction of a clause for the preventing the forgery of Stamps, 
the Clerk was desired to wait on the Chief Justice at the Court-house, where 
he was presiding at a trial, and request to know if he saw any objection to the 
insertion of that clause, which the Chief Justice said he could certify. The 
Clerk was desired to summon the Chief Justice and Mr. Campbell, to attend 
the next day. On the 3rd day of May, the Colonial Secretary, upon taking 
his place in Council, said, * the Chief Justice was obliged to go to Court, but 
that he was happy to say he had seen the Chief Justice, who stated to him, ho 
had no objection to the Bill.* " 

On the same day the following Government notice was 
puhlished in the Sydney Gazette : — 

Colonial Secretary's Office, May 31st, 1827. 
"Whereas a certain Bill purporting to be an A.ct intituled "An Act for 
imposing a Duty upon all Newspapers and Papers of a like nature printed 
to be dispersed and made public " hath been published in the Sydney 



Governor Darling. 41 

Gazette bearing date the fourth instaBt, and the said publication being pre- 
mature : Notice is hereby given to such effect and further that all matters 
and things in the said Bill contained will be suspended until full and 
effectual provision shall be made in respect of the same in due course of 
law and the same shall be published accordingly 

By command of His Excellency the Q-ovemor 

ALEXANDER M*LEAT. 

On the 24th December, His Excellency the Governor sub- 
mitted to the Council His Majesty*s Warrant, dated 7th 
April, 1827, revoking the former Warrant, dated l7th July, 
1825 ; and appointing a Legislative Council consisting of the 
same gentlemen as before, save that Colonel Patrick linde- 
say was substituted for Colonel Stewart. 

The Governor, after this, directed the existing libel law to 
be put in force with great rigour, and the proprietors of both 
the Monitor and The Attstralian^ newspapers, were prosecuted 
civilly and criminally, and both were heavily fined and im- 
prisoned. 

On the 30th June, 1828, the Hon. Alexander Berry, who 
had been appointed in the room of Mr. Charles Throsby, 
deceased, took his seat at the Council. Of the Acts passed 
in 1828, may be specified the Census Act ; and an Act for 
enabling the Governor to grant Letters of Denization to 
Poreigners on the recommendation of the Secretary of State. 

The sittings of the Council for 1829 opened on 16th 
February (Mr. E. Deas Thomson being appointed Clerk of the 
Council.) On the 21st August, 1829, the number of members 
was somewhat augmented. His Excellency the Governor 
laid before the Council a Warrant under the Royal Signet 
and Sign Manual appointing the following gentlemen 
members of the Legislative Council of New South Wales : — 
His Honor Justice Forbes ; the Ven. Archdeacon Scott ; 
Alexander McLeay, Colonial Secretary ; Alexander Macduff 
Baxter, Attorney General ; Michael CuUen Cotton, Collector 
of Customs ; William Lithgow, Auditor General ; lieutenant- 
Colonel lindesay. Commander of the Forces ; John Mac- 
arthur, Robert Campbell, Alexander Berry, Richard Jones, 
John Blaxland, Captain Phillip Parker King, and Edward 
Charles Close. His Excellency's Proclamation was then 
read, notifying the appointment of members of the Legislative 
Council, and announcing that, Captain Phillip Parker Ejng 
being absent from the Colony, he had appointed Mr. John 
Thomas CampbeU, to the vacant seat in the Council. The 
several members, with the exception of Mr. John Macarthur, 
(absent from illness), took their seats at the Council. 



42 :New South Wale9. 

An Act for the more effectual Resumption of Crown and 
Church and School Lands was passed and assented to on 29th 
September. 

On the 2nd September, 1829, the Governor laid before the 
Council, " An Act for regulating the Trial by Jury of actions 
at Law brought in the Supreme Court," and called attention 
to the circumstance that several blanks had been left in the 
Bill in respect to the qualification of Jurors, and the number 
to be fixed to try actions. The Bill was read a second time 
on the 11th September. In Committee, on 15th, the Chief 
Justice moved that the following be the qualification of 
jurors, viz. : — 

<< Every man (except sack as shall hereafter be excepted) between the ages 
of twenty-one and sixty years, who shall reside within the Colpny of New 
South Wales, and shall have in his own name or in trust for him, a clear 
yearly income arising out of lands, houses, or other real estate, within the said 
Colony, of at least fifty pounds." 

This was agreed to. The Chief Justice then moved, — " That 
two hundred pounds of personal estate be likewise a qualifi- 
cation for Jurors." The Archdeacon moved an amendment, 
that five hundred pounds be the minimum. The original 
motion was carried by 10 to 3. The Chief Justice then 
moved that the following clause be adopted in the Bill, 
which motion was agreed to, viz. : — 

'^ Provided also, and be it further enacted and declared, that no man, not 
being a natural born subject of the King, is or shall be qualified to serve on 
Juries or Inquests ; and no man who hath been or shall be attainted of any 
treason or felony, or convicted of any crime that is infamous, unless he shall 
have obtained a free pardon, nor any man who is under outlawry or excom- 
munication, shall be qualified to serve on Juries or Inquests in any Court, or 
on any occasion whatsoever/' 

The next day the Venerable William Grant Broughton, 
Archdeacon of New South Wales (successor to Archdeacon 
Scott), took his seat at the Council. 

On the 24th the Council resumed, in Committee, the dis- 
cussion on the Jury Bill. The Chief Justice moved, that 
transported convicts who had also been convicted in the 
Colony of Pelony or Treason should be disqualified from 
serving as Jurors, which was agreed to. After various 
suggestions and proposals had been made by different mem- 
bers, it was ordered, on the motion of the Chief Justice, that 
the Bill be referred to a sub-committee, which was instructed 
to prepare a Bill upon certain general principles. 

On the 29th September, the Chief Justice brought up the 
amended Jury BUI, which had been prepared by the sub- 



Governor Darling. 43 

committee upon the general principles laid down by the 
CouncU. Daring its consideration, Mr. John Thomas 
Campbell moved that the clause disqualifying persons twice 
convicted should be confined to persons subsequently con- 
victed in the Colony, which was seconded by the Colonial 
Secretary, and agreed to. 

On the 5th October, the Governor informed the Council 
that he had approved of the amendments they had proposed 
on the Jury Bill, and now laid it again before them in order 
to its being passed into law. The Bill was then read a third 
time. On the 9th October the Bill, intituled — "An Act 
for regulating the constitution of Juries for the trial of CivU 
Issues in the Supreme Court of New South Wales" — ^was 
passed. The Act conferred a discretionary power upon the 
Judges of the Supreme Court, enabling them to order a trial 
by a jury of twelve civiUans in auy civil case in which either 
of the parties to the suit should claim to have it so tried. 
The clause enactrog that no man should be qualified to serve 
on a civil jury who had been or should be attainted of crime, 
unless he had received a pardon, was interpreted as excluding 
the great bulk of the Emancipists, and gave rise to much 
subsequent social conflict. 

On 18th January, 1830, Mr. Hannibal Hawkins Macarthur 
having been appointed by His Excellency the Governor to 
the vacancy in the Council occasioned by the death of Mr. 
John Thomas Campbell, took his seat at the Council. 

The Governor, on 27th January, then laid before the 
Council a Bill to amend the Act for regulating the publica^ 
tion of Newspapers, which had been passed in 1827- This 
was, on 29th January, passed and assented to. Certain 
provisions of the Blasphemous and Seditious Libels Act were 
repealed, the most notable of which was that referring to the 
punishment for said libels. In lieu of the former provision, 
one was inserted providing that persons twice convicted should 
be banished from the Colony for a term not less than two nor 
more than seven years, as the Court might order. 

The Governor then presented to the Council a Bill for the 
amendment of an Act lately passed for regulating Trials by 
Jury in CivU Cases. He desired the Clerk to read an extract 
from the despatch received from the Right Honorable the 
Secretary of State, relative to the establishment of Juries, 
whidi having been read accordingly, the Governor observed, 
that understanding it was the intention of some of the inhabi- 
tants to petition Parliament on the subject of extending 



44 New South Wales. 

trial by Jury to this Colony, he was desirous of drawing 
the attention of the Council to the cu'cumstance of the 
Secretary of State having directed in the despatch which had 
just been read, that the members should be called on to state 
their opinion, for the information of Her Majesty's Govern- 
ment, as to the expediency of introducing generally Trial by 
Jury. He said he had adverted to this circumstance to show 
that His Majesty's Government was not opposed to the 
measure, should it appear that the Colony was in a state to 
profit by it ; and he assured the Council, should this prove 
to be the fact, that the Local Government would be found in 
no way inimical to it. The Governor then pointed out how 
unadvisable it appeared, considering the disposition which 
Government had evinced to adopt the measure in question, 
to attempt to force it prematurely to do so, conceiving, as he 
did, that it was impossible for the Secretary of State to accede 
to any application which might be made from the colony, until 
he should be put in possession of the sentiments of the 
Council as required by the despatch. He further observed 
that although persons outside the Council, in ignorance of 
the instructions he had received from home, might naturally 
feel anxious to urge on the matter, this anxiety would not 
attach to the members of the Council. They knew the nature 
of those instructions, and the readiness the Government had 
already evinced to introduce Trial by Jury. With that know- 
ledge, they would not press the Government to adopt that 
measure until satisfactory information had been received that 
it could be adopted advantageously. The Governor then ex- 
plained the reason why he had not yet called on the Council for 
their opinion, and stated it to be from a desire that the members 
should have an opportunity of ascertaining how the juries 
in civil cases, according to the arrangements now in progress, 
answered the object intended. The Governor repeated, in 
conclusion, that there was no disposition whatever on the 
part of the local Government to interfere with the introduc- 
tion of Trial by Jury, but he begged again to point out that 
whatever steps gentlemen out of doors might take, being un- 
acquainted with the Secretary of State's instructions, it might 
be as well that the members of Council should abstain from 
interfering or appearing to force the Government, by sub- 
scribing to any petition for such pm'pose. 

The Bill was on the 3rd February passed and assented to. 
It enacted that nothing contained in the Juries for Civil 
Issues Act of 1829 should be construed to the qualifying 



Governor Darling. 46 

" of any person who, either while serving under a sentence 
passed upon him in any part of the British dominions, or 
after the expiration or remission of such sentence, shall have 
been convicted in New South Wales of any treason, felony, 
or other infamous offence." 

A Licensing Act and a Customs Act were also passed in 
1830. 

On 20th September, 1831, the Council, after a lapse of 
sixteen months, resumed its sittings. His Excellency laid 
before the Council a statement of the Revenue and Expen- 
diture of the last year, together with a Comparative State- 
ment of the same for 1829 and 1830. 

A Bill to repeal so much of the amended Libel Act of 
1830 as related to the sentence of banishment for the second 
offence, was also laid before the Council, and on 27th Sep- 
tember passed. 

A second expedition under Captain Sturt, to proceed down 
the Mumimbidgee, and thus penetrate the south-west interior, 
was fitted out in November, 1829. Along the upper coiu-se 
of that river — ^N.W. by W. — ^a succession of flats was dis- 
covered, which, according to Captain Sturt, for richness of 
soil and for abundance of pasture could nowhere be excelled. 
Farther to the westward an inferior, and approaching its 
junction with the Lachlan a still inferior, country was opened 
up. About 50 miles to the westward of the latter the 
Mumimbidgee, taking a south-westerly course, emptied into 
a noble river flowing from the east, which Captain Sturt 
named the Murray. " Its reaches," the discoverer wrote, 
" were from half to three-quarters of a mile in length, and 
the views upon it were splendid ; its transparent waters 
were rimning over a sandy bed at the rate of two and a half 
knots an hour, and its banks, although averaging 18 feet in 
height, were evidently subject to floods." Pursuing their 
journey in spite of many obstacles and dangers the brave 
band of explorers discovered in longitude 142° E. the 
junction of the Darling with the Murray. Still onward 
pursuing the course of this grand stream, which in longitude 
139° 40', latitude 40°, altered its course to the southward, 
they reached Lake Alexandrina, and discovered the future 
province of South Australia. In the course of another 
journey to the northward in 1827 Mr. Allan Cunningham 
crossed four considerable streams forming the upper waters 



46 jf^etv South Wales. 

of tlie Darling, two of which he Darned the Gwydir and the 
Sumaresq. He also discovered, in the latitude of Moreton 
Bay, a splendid tract of pastoral country, which he named 
the Darling Downs. These Downs, which are nearly 2,000 
feet above sea-level, are now all occupied by pastoralists and 
agriculturists. 

Australian geographical discovery made considerable pro- 
gress under Grovernor Darling. The outcome of the drought 
of 1812 was the discovery of the fertile plains beyond the 
Blue Mountains ; the outcome of the drought of 1826 was 
the discovery of the Darling by Captain Sturt, and subse-^ 
quently of the future province of South Australia. With the 
view of solving the problem to which Oxley's former expe- 
ditions to the Macquarie had given rise. Captain Charles 
Sturt, an enthusiast in the cause of discovery, accompanied 
by Mr. Hamilton Hume, set out on the 10th September, 
1828, on an expedition commissioned by the Grovemor. On 
the 26th December they reached the great marshes whence 
Oxley had been forced to retreat. To the northward, how- 
ever, a chain of ponds was discovered communicating with 
the dry bed of a torrent which Captain Sturt regarded as 
the re-appearance of the Macquarie. This torrent was 
traced further north, and found to communicate with a large 
salt-water river, which the explorer named the Darling. 
Having traced this river for 90 miles, first in a north- 
westerly and afterwards in a westerly course. Captain Sturt 
reluctantly returned. " In the lower part of its ascertained 
course, it was 60 yards in width at the extremity of the 
drought, and was flowing to the south in majestic loneliness." 

The influx of free immigrants had received a check from 
the finaiicial reverses that occurred in 1827 and 1828, in 
consequence of the sheep and cattle mania. But Dr. 
Lang, who had been refused assistance by the Grovemor 
in establishing the Australian College, visited England, and 
having appealed with success to the Home authorities, re- 
turned to the Colony in 1831, bringing with him in the 
" Stirling Castle" about sixty Scotch mechanics, with their 
wives and families. A vessel also arrived from Ireland about 
the same time, bringing fifty young women, trained in an 
orphan school in Cork. 

The Sydney Water Supply was commenced during Darling's 
administration. Up to this time the inhabitants of Sydney 



Governor Darling^ 47 

were wholly dependent upon a small watercourse, then known 
as the **Tank Stream/' which ran about midway between 
George and Ktt streets. " To Mr. James Busby, mineral 
surveyor, was entrusted in 1827 the task of ascerteining the 
best means of procuring a supply of water for the rapidly 
increasing town. He recommended, as the cheapest and most 
ayailable plan, that the swamps between Sydney and Botany 
should be tapped by a tunnel ; and his proposal having been 
assented to, he was commissioned to carry out the under- 
taking." This he did shortly after, chiefly by the employment 
of prison labour; and the supply of water proved to be 
excellent in quality, and sufficient in quantity to meet the 
citizens' requirements for many years after. 

In this year, also, the first regular system for the convey- 
ance of mails by contract was brought into operation. The 
first Colonial-built steamer was launched in 1831 ; and the 
first Colonial steam company — the Australian Steam Con- 
veyance Company — ^was formed. 

On 2nd August, 1831, it was officially notified in the Sydney 
Gazette that in future Crown Lands would be disposed of by 
auction sale only, and at a minimum price of 5s. per acre. A 
deposit of 10 per cent, and the balance in one month, were the 
conditions to be observed by the purchaser ; failing which the 
deposit was to be forfeited, and the land re-submitted for sale. 
No land within 100 feet of high-water mark (except for 
purposes of commerce or navigation) was to be open for 
purchase. Crown Lands would be leased by auction in acre 
lots, at the rate of 20s. per year. Lands so leased would be 
open to purchase ; and in the event of their being sold must 
be surrendered by the lessee upon a month's notice. 

The separation of Van Diemen's Land from New South 
Wales took place in 1825. General Darling, on his way to 
New South Wales, proclaimed the independence of the 
Island ; Executive and Legislative Councils were appointed ; 
and the powers and machinery of the Grovernment made to 
correspond with those of New South Wales. 



On 14th October, 1831, the Legislative Council adopted 
a valedictory address to the Governor (General Darling), who 
had received his recall. On 22nd October, he embarked for 
England; and, till the arrival of his successor. Colonel 
Lindesay acted as Administrator of the Governmeut. 



4)8 New South Wales. 

Tlie following figures, showing the state of the Colony 
during the successive years of Governor Darling's adminis- 
tration, are taken from the Registrar-Gencrars Returns : — 



1826 


Population. 

34,649 


Revenue. Expendi^^ure. 

£ 72,221 £ 97,866 

79,310 114,510 

96,713 97,952 

102,785 110,126 

104,729 102,125 

121,066 103,228 

* Census taken. 


Importi. 

£360,000 
362,324 
570,000 
601,004 
420,480 
490,152 


Ezporti. 
£106,600 


1827 


35,623 


76,314 


1828 


36,598* 


90,050 


1829 


41,450 


161,716 


1830 


46,302 


141,461 


^ ^•^^ ^^ • • • • • 

1831 .:... 


51,155 


324,168 









Governor Botirke, 49 



CHAPTER VII. 



GOVERNOR SIR RICHAtlD BOURKE-1831-1837. 

Sir Richard Bonrke — Meeting of Legislative Council — The First Appropriation Bill — The 
Oovemment Oaxette — Session of 1833 — ^The Jury Act — Session of 1834 — Church and 
School Lands — Session of 1835 — Claims to Qrants of Land Bill — ^Committee on Immi- 
gration — Session of 1836 — Trial hy Jury — Crown Lands Occupation Bill — New 
GoYemment House — Circular Whaif at Sydney Coto — Darlinghurst Gaol — Session 
of 1837— The Port Phillip District — Dr. Lang and Immigration — Major Mitchell's 
Explorations — Statue to Sir Richard Bourke — Statistics. 

Major.General Sir Richard Boukke, K.C.B., arrived in 
the Colony on December 2, 1831. 

On 19th January, 1832, the Legislative Council met, 
pursuant to summons. His Excellency the Governor delivered 
an Opening Speech. Several Bills would be laid before the 
Council, some of which required immediate attention. Among 
these was a Bill for regulating the Constitution of Juries, 
which in the previous year had been brought before the 
Council, but not finally passed. The Jury Act of 1829 had 
expired at the close of 1831 ; there was therefore no law in 
force whereby a jury could be empanelled, so that it was 
necessary, without delay, to pass the Bill. The Governor 
hoped, early in the next year, to lay before the Council a Bill 
for the further extension of the Jury system, and to announce 
that His Majesty had been pleased to institute Circuit Courts 
within the Colony. An Abstract of the Revenue and Expen- 
diture would be submitted, as also Estimates of the Probable 
Expenditure of the current year and of the Supplies by which 
the expenditure was to be defrayed. The Revenue of the last 
year had been unusually productive, and a considerable 
balance remained in the Treasury after discharging all 
demands against it. After the Estimates had been discussed 
an Act of Appropriation would be submitted. Provision for 
the support of public schools and places of religious worship, 
the formation of roads, and the repairs and erection of 
public buildings required particular attention. In the Esti- 
mates for the current year was placed the probable amount 
of the sales and rents of the Crown Lands. The Act of 
Parliament did not require that these revenues should be 



60 New South Whales. 

appropriated with the advice and consent of the Legislative 
Council. They were, however, made part of the Ways and 
Means ; and it was recommended that a considerable portion 
should be devoted to the introduction of free labourers from 
the United Kingdom, under the direction of the Emigration 
Commissioners sitting in London. No great progress had yet 
been made in the disposal of Crown Lands under the late 
Royal Instructions. The new system would be strictly 
adhered to, and it would tend to the improvement of the 
Colony in the most essential respects. Certain Bills — for the 
relief of debtors, for the regulation of the Savings Banks, and 
for remedying the injury sustained by the use of fraudulent 
weights and measures, would be submitted. 

The Abstracts of Revenue and Expenditure referred to in 
the Speech showed that for 1831 the total amount of Receipts 
(including a balance from the previous year of £12,427 38. 
3id.) was £135,281 16s. 3^d. ; of Disbursements, £98,696 
19s. ll^d., leaving a balance of £36,584 16s. ^d. The 
total Estimated Expenditure for 1832 was £127,476 14s. 7d. 

On 3rd February the Act for Regulating the Constitution 
of Juries was passed. Jurors were required to have an 
income of £30 per annum, or a personal estate of at least 
£300. Every man who had been attainted of any treason 
or felony, or convicted of any infamous crime (unless he had 
received for such crime a pardon, or the full term should 
have expired for which he had been sentenced to be trans- 
ported), and every man of bad fame or immoral character, 
was disqualified from serving on a Jury. 

The Estimates for 1832 passed through the Committee in 
February ; and on 16th March the Governor laid upon the 
Table " A Bill for applying certain sums arising from the 
Revenue receivable in New South Wales to the service of the 
said Colony for 1832, and for further appropriating ilie said 
Revenue," This — ^the first Appropriation Bill — ^passed and 
was assented to on 21st March. One of the items appro- 
priated was a sum not exceeding £6,400 to defray the 
expense of bringing out female farm-servants from the 
agricultural Counties of England, at the rate of £8 per head, 
under the direction of the Commissioners of Emigration 
sitting in London. 

On 5th March it was notified in the Sydney Gazette that 
"on 7th instant and on every succeeding Wednesday an 
official paper intituled the New South Wales Government 
Gazette woidd be issued, consisting wholly of the following 



Governor Bourke. 51 

particalarB, viz. : — 1. All official notifications connected with 
the public service ; where the charge would be defrayed by 
the Government. 2. All such advertisements as might be 
sent to the printer respecting insolvents, sheriffs sales and 
executions, poundkeeper's notices, and all other notices and 
advertisements from public departments ; where the cost fell 
upon the parties concerned." 

On 25th September, Mr. Archibald Bell, of Belmont, took 
his seat as a member of the Council. 

On 27th September, His Excellency Sir Richard Bourke 
laid before the Legislative Council an extract from a despatch 
of the Secretary of State, dated 4th March. It notified His 
Majesty's desire that before the expiration of June in each 
year an Estimate of Expenditure for the ensuing year should 
be submitted by the Governor to the Legislative Council. If 
the Estimate should be concurred in by a majority of the 
Council, it was to be passed in the form of .an Ordinance and 
transmitted at on<5e for the King's approval and confirmation. 
Should the Estimate be rejected, the Governor was to request 
to be furnished by the dissentients with such an Estimate as 
they proposed to substitute. Both Estimates were then to be 
transmitted to the Secretary of State, together with the reasons 
which the Gt)vemor and those of the Councillors agreeing 
with him might allege in support of their Estimates ; as also 
the reasons stated by the majority of the Council opposed 
thereto. 

A minute of the Governor " explanatory of the several 
heads of Expenditure, and of Ways and Means, as estimated 
for the year 1833," was also submitted. The concluding 
paragraph stated that the Revenue for 1833 being taken at 
£119,515 5s. 8d., and the Expenditure at £110,252 7s. 9d., 
there resiUted a surplus of £9,262 17s. lid., which it was ^ 
expected would be much more than sufficient to cover any 
failure of B/Cvenue, or unlooked for expense, during 1833. 

In the first week of October the Estimates were passed ; 
protests against several items, by Mr. John Blaxland, being 
forwarded to the Secretary of State. The Appropriation Bill 
was introduced on 11th, and passed and assented to on 13th 
October, on which latter date the Council adjourned sme die. 

The Session of 1833 was opened on 27th May, by the 
Governor (Sir Bichard Bourke), whose address stated that he 
had called the Council together to lay before them, in obedience 
to the King's commands, the Estimates for 1834 ; and to pro- 
pose for consideration such legislative enactments as the 



52 New South Wales. 

Colony appeared to require. A law for applying the form of 
proceeding in criminal issues by petty juries composed of the 
inhabitants of the Colony would be proposed. A Bill for 
granting certain powers to Commissioners for determining 
the claims to deeds of grant of Crown Lands occupied by 
permission of former Governors, but without the regular 
title by deed under the Seal of the Colony, would be sub- 
mitted. A Bill would also be presented for vesting in the 
Government the property in the tunnel for conducting water 
to Sydney, for preventing nuisances thereto, and for appro- 
priating any land or water which might thereafter be required 
in furtherance of the tunnel. Bills for facilitating the ex- 
tension of public and private roads, for establishing a more 
efficient police within the town of Sydney, rapidly increasing 
both in population and extent ; for taking the census ; and 
for the application of certain late English Statutes, would re- 
quire careful consideration. An Abstract of the Revenue and 
Expenditure of 1832, together with a statement of payments 
made from the balance in the Colonial Treasury at the close 
of 1831, also the Estimates for 1834, would be laid before 
the Council. The improving state of the public B;evenue 
would be noted with satisfaction ; the Customs Duties had 
reached a sum to which they had never before amounted ; 
nor were there wanting other indications of the growing 
prosperity of the Colony. Buildings were rising rapidly in 
Sydney and other towns ; cultivation was extending ; in many 
branches of agriculture the rate of profit had advanced ; and 
capital, prudently invested, obtained here a return unknown 
in other countries. This fact would not long escape the atten- 
tion of wealthy capitalists in Europe ; whilst the great increase 
in number of free and unassisted emigrants of the middle 
class who had lately arrived showed that the advantages 
which the Colony possessed over most of the known countnes 
in the world were beginning to be generally felt. The great 
roads lately designed by the Surveyor-General (Major Mit- 
chell) were in course of construction, upon principles such as 
to admit the future application of steam, whenever the con- 
templated improvements in that impelling power, and the 
increased wealth and intercourse of the country, should 
render such a mode of inland carriage available. 

The Abstract of Revenue and Expenditure showed that in 
1832 the total Receipts amounted to £135,909 15s. B^d.; the 
total Disbursements to £126,909 15s. 6^d. ; leaving a balance 
of £9,000 available for future disposal. In his minute 



Qacemor JBaurke. 53 

explanatory of the Estimates for 1834 the Governor stated 
that the whole estimated charge for 1834 amounted to 
£114,208 14s. 6d., and the Ways and Means for defraying it 
to £134,250 ; there rfesulted, therefore, a surplus in favour of 
the Colony amounting to £20,041 5s. 6d., to which would he 
added whatever balance of revenue over expenditure remained 
in the Treasury at the close of that year (1833). 

A return was also laid before the Council showing that 
during the years from 1829 to 1832 inclusive, 2,544 emi- 
grants, without bounty or advance, had arrived in the Colony ; 
and that under the arrangements sanctioned by His Majesty's 
Government 792 emigrants had arrived in 1832, at a cost of 
£5,256 6s. 9d. 

On 4th July the Council passed a Bill for protecting from 
encroachment and damage, and for facilitating the formation 
of the tunnel for supplying Sydney with water. On 9th 
July a Census Bill was passed. 

The Estimates were considered in Committee on the 25th 
June, and for several sessions thereafter Mr. Blaxland pro- 
tested (as before) against the Estimate for a Besident at New 
Zealand, and against that for the Colonial Secretary for 
services performed in England. On 11th July, the Esti- 
mates having been passed, the Appropriation Bill was laid 
by the Governor before the Council ; and on the 19th July it 
was read a third time and passed. 

On 17th July the Governor laid upon the table a Bill 
to continue for a limited time the Jury Act ; together 
with a minute explaining that the measure then introduced 
was of necessity incomplete, and that on the arrival of 
an order of the King in Council for the establishment 
of Circuit Courts, further instructions were hoped for, 
which would enable the Governor to introduce a more 
general and comprehensive Bill. During the consideration 
of the Bill in Committee a resolution was passed that the 
Governor be requested to apply to the Judges of the Supreme 
Court for their opinions as to whether a person who had 
been convicted of a felony or transportable offence, and 
whose sentence had expired, or been remitted by an 
absolute or conditional pardon, was legally qualified to sit 
upon a jury in England. On 9th August His Excellency 
laid upon the table the opinion of the Judges. This was to 
the effect that all persons who, having been convicted of any 
transportable offence not being felony or such crime as was 
accounted in law infamous, had received an absolute 



64 New Smth WiOeM. 

pardon or a conditional pardon, and had perforated the 
condition or endured the punishment for the same, would 
be holden qualified. In the Bill a provision was inserted 
embodying the principle affirmed by the Judges, and thus 
admitting the Emancipists to serve on civil and criminal 
juries. On 28th August the Bill was read a third time, and, 
by a majority of 7 to 6, passed. 

An " Act for appointing and empowering Commissioners 
to hear and determine upon claims to grants of land under 
the great seal of the Colony of New South Wales " was 
passed on 28th August. Abo, on the same day, "An Act for 
protecting the Crown Lands of this Colony from encroach- 
ment, intrusion, and trespass." 

On 28th August a committee which had been appointed on 
12th July, " to examine certain plans and report relating to 
the construction of a quay at the head of Sydney Cove,*' 
brought up their report. They had examined several 
witnesses (including the Surveyor-General), but had not been 
able to arrive at a final determination as to the practicability 
of the undertaking. They, therefore, submitted a provisional 
report ; and requested permission to sit during the recess, so 
as to be enabled to make their final report at the next 
assembling of the Council. 

On the same day the Committee appointed on 18th June 
to report the means by which the progress of the tunnel for 
conducting water to Sydney might be accelerated, and the 
supply rendered more generally useful by leading it to public 
fountains, or to private houses, upon payment of a regulated 
rate, — brought up their report in favour of the completion of 
the work. 

The Council then (28th August) adjourned sine die. 

The Session of 1834 opened on 13th March. The Grovemor 
said that he had summoned the Council thus early, in order 
to remedy by a Legislative enactment an omission by the 
magistrates in the preparation of the jury lists. It was also 
necessary to call their attention to the expediency of con- 
tinuing the Robbers and Housebreakers Act, which would 
shortly expire. Although very stringent in its provisions, 
this measure was absolutely necessary for the security of the 
lives and property of the Colonists. 

The Bill extending the time for preparing the jury lists 
was then passed through its several stages* On the 8th 
April the Bill to continue the £;obbers and Kousehieakeis 
Act also passed through all its stages. 



Governor Bourke. . 55 

A retum of the number of free emigrants who had 
arrived during the years 1829 to 1833 inclusive — laid on the 
table on 13th March — showed that 1,432 unassisted emigrants 
had arrived during 1833, and under the bounty system, 1,253 
in the same year. The total number for the years specified 
was 6,021, of which 3,976 were unassisted, and 2,045 assisted. 

On 30th May — ^Mr. John Greorge Nathaniel Gibbes, 
Collector. of Customs — ^was sworn in as a member of th^ 
Council. 

His Exeellencv the Governor then read an Address, in 
which he stated that the period of the year had arrived at 
which he was commanded by His Majesty to lay before the^ 
Council the Estimates of Expenditure for the next year. He 
proposed also to bring before them such legislative enact- 
ments as the circumstances of the Colony appeared to require. 
A Usury Bill ; . Bills for the regulation of the Marriage Law ; 
for suppressing robbery and bushranging; and for the 
amendment of the Quarter Sessions — ^were to be introduced^ 
The Church and School Lands Corporation had since the last 
Session of Council been dissolved ; and the lands, which had 
been granted by the Crown under seal to the Corporation, had 
reverted to His Majesty, subject to mortgages and contracts for 
sale, to be held and applied in such manner as should be most 
conducive to the maintenance and promotion of religion, and 
the education of youth in the Colony. The lands would in 
time produce a considerable revenue, and at no distant period 
might contribute largely to the purposes for which they had 
been resumed by the Crown. Whilst a more comprehensive 
arrangement was pending, it was hoped that the Government 
would keep up all those schools established by the Corpora- 
tion. The support of the Clergy and Churches would have 
to be provided, as heretofore, from the revenues of the 
Colony. T[n taking possession of the chattels of the late 
Corporation a Bill would be laid before the Council to empower 
the Agent for the Crown to act in the collection of sums due. 
The public roads of the Colony had been extended in the 
north, south, and west, and local improvements had also been 
effected. The Estimates for 1835 would be laid before the 
Council ; also an Abstract of the Revenue and Expenditure 
of 1834. The prosperity of the Colony was unprecedented, 
and the Revenue had been productive beyond any former 
experience, whilst the arrival of free emigrants from Great 
Britain in great numbers strongly indicated the rising 
importance of New South Wales. 



66 New South Wales. 

By the Abstract for 1833, referred to in the Speech, it was 
shown that the receipts for that year, exclusive of the revenue 
arising from Crown Lands, amounted to £138,719 4s. Id. ; 
a balance of £9,000, from 1832, increased this to £147,719 
4s. Id. The disbursements amounted to £131,184 14s., 
leaving a balance of £16,534 10s. Id. The total estimated 
expenditure for 1835 was £132,790 16s. 5d ; the Ways and 
, Means to meet this charge were £147,344 14s. Is., leaving a 
balance of £14,553 17s. 8d. 

During the month of July the Estimates were considered 
and the Appropriation Bill was passed through the Council ; 
protests against certain sums being reiterated by Mr. John 
Blaxland ; a protest was also made against the payment of 
£2,000 as salary to the Archdeacon. 

On 18th July His Excellency the Grovemor laid upon the 
table a Bill for regulating the affairs of the late Church and 
School Lands Corporation. The Bill, having passed its inter- 
mediate stages, was read a third time and passed on 5th 
August. By this Act (6 Gul. IV. No. 11.) all lands and 
other property belonging to the late Corporation were de- 
clared to be vested in His Majesty; and an agent (with 
certain specific powers) was to be appointed by the Governor. 

The questions dealt with during the rest of the Session, 
which closed on 29th October, were mainly of a local character. 

The Session of 1835 was opened by the Governor on 
18th May. The Speech stp^ted that a Bill had been prepared 
to renew, in a simpler form than at present, the enactment of 
1833, which would shortly expire, appointing Conmiissioners 
to investigate and report upon claims to grants of land 
alienated by the Crown. A BUI for the better regulation of 
the Post Office would be presented. The reduction of 
postage rates was proposed ; this, in conjunction t^^ith a safe 
and expeditious conveyance of the mails, would tend rather 
to increase than diminish the revenue of the department. 
The charge on colonial newspapers was proposed to be 
removed. It would be necessary, in the absence of an 
expected communication from the Home Government, to 
renew for a short time the present Jury Act. Abstracts 
of the Revenue and Expenditure for 1834 would be laid 
befere the Council, the Estimates for 1836, and a Supple- 
inentary Estimate for 1836. To provide for the maintenance 
of the police and gaol establishments of the Colony, the 
surplus of the land revenue and of the other casual Crown 



O&oemor Bourke. 57 

revenues had been placed at the disposal of the Council. It 
was proposed to appoint a Committee to report upon the best 
means of promoting the introduction from Great Britain of 
persons of good moral character and industrious habits. 
Public works had during the year been advanced as much 
as the want of suitable workmen would admit. The con- 
tinued prosperity of the Colony exceeded the most sanguine 
anticipations ; the revenue arising from the duties of Customs 
and the sale of land had reached an unexampled amount ; 
and the crowded state of the harbour, and general increase 
of commodious buildings, afforded indications of wealth and 
comfort not to be surpassed in much older colonies. 

The Revenue for 1834 (exclusive of that arising from the 
sale of Crown Lands) amounted to £186,960 14s. 4j<i. ; this, 
with an unappropriated balance of £16,634 10s. Id. from 1833, 
made a total of £203,495 4s. 5^. The total disbursements 
(including an appropriated amount of £20,807 16s. 6^d. 
remaining to be expended and charged) were £172,719 19s. 
5^. A balance of £30,775 58, therefore remained at the 
dose of 1834. 

The Abstract of the Revenue arising from Crown Lands 
(laid before the Council concurrently with the former abstract, 
18th May) showed that for the years 1833 and 1834 the 
receipts, including arrears of previous years, amounted to 
£69,826 38. 7d. ; the disbursements (chiefly for purposes of 
immigration) to £27,304 7s. l^d., leaving a balance at close 
of 1834 of £42,521 16s. S^d. 

A Bill empowering Commissioners to report on claims to 
grants of land, and limiting the proceedings of such Com- 
missioners to those cases only which should be directed to 
them by the Grovemor for report, was passed on 2nd June. 
A Bill to continue for a limit^ time the Jury Act was 
passed on 23rd June. 

His Excellency the Governor laid before the Legislative 
Council, on 24th June, the Estimates of Expenditure for 
1836, and a Supplementary Estimate of £10,201 178. lOfd. 
for 1835, together with an explanatory Minute. This latter 
stated that the Revenue for 1834 (as shown by the Abstract 
of that year) had exceeded the Estimate by £38,000, whilst 
several of the Estimates of Expenditure were taken too low. 
The whole charge for the year 1836 might be taken at 
£239,564 lOs. lid. ; the Ways and Means to meet which 
amounted to £199,300. To this was to be added the balance 
of Revenue over Expenditure at the end of 1835, which might 



58 New South Wales. 

be taken at £60,000 over and above the sums advanced on 
loan to the Commissariat. The Wavs and Means for 1836 
would thus be augmented to £259,300, to meet a charge of 
£239,564 10s. lid. 

During July and August the Estimates and the Appropria- 
tion Bill were passed ; protests against the defraying of the 
whole charge of the Police and gaol establishments, and 
against a certain sum for the Colonial Secretary, signed by 
several gentlemen, being forwarded to the Secretary of State. 
A Bill authorizing a temporary loan to the Commissariat was 
passed on 14th August. 

On 18th September the Committee on Immigration brought 
up their final Report. The opinion of the Committee was 
expressed that the. funds arising from the sale of lands 
should be appropriated exclusively for the purpose of introduc- 
ing a moral and industrious population; that they considered 
this appropriation alike indispensable to the present interests, 
and the future prosperity and character of the Colony ; and 
that they regarded the opinion expressed by the Secretary of 
State, and approved by the Lords of the Treasury, in the 
light of a pledge by His Majesty's Government that the 
Crown Lands of the Colony should be held sacred to the 
promotion of Immigration. 

The usual Immigration Retum showed that in 1834 a 
total of 1,564 immigrants had arrived, of which 1,080 were 
unassisted, and 484 assisted. 

The Session of 1836 closed on 30th October. 

On Thursday, 2nd June, the Council was summoned for 
the Session of 1836, when His Honor James Dowling, acting 
Chief Justice, and Mr. John Hubert Plunkett, acting 
Attomey-Gteneral, were sworn as members. 

The Speech announced the increasing prosperity of the 
Colony. In no former year had the Revenue equalled the 
amount of the last, nor had the exports and imports been so 
large The influx of foreign capital had been considerable. 
Collegiate and Educational institutions had been established; 
and a taste for the Fine Arts was begining to show itself. To 
extend the blessings of wholesome education to the poorer 
61asses, it was necessary to introduce a system of general in- 
struction ; and animportant communication from the Secretary 
of State wlould now be laid before the Council intimating tli5& 
desire of the Home Government that such provision should 
be made. Considerable progress had been made in the 



Oavemor JBourke. fiO 

improYeiaent and completion of the great lines of road 
throughout the Colony. The Bills to be laid before the 
Council were chiefly to renew former Acts of the Governor 
and Council which would expire in that year; amongst 
them was a Bill to renew the Jury Act. A Bill would be 
presented for taking a census in September ; as would also 
a liill for restraining the unauthorized occupation of Crown 
Lands — a measure which had been recommended to the 
Government in a memorial signed by a very respectable and 
numerous body of colonists. The Abstract of Revenue and 
Expenditure for 1835, also the Estimates for the next year, 
would be presented in the course of the month. 

A despatch from the Secretary of State on the subject of 
the Church and School Establishments was then laid before 
the Council. It dealt at length upon a proposed non-sectarian 
system of general education for the Colony, which was 
recommended. Various documents relating to the system of 
National Education in Ireland, also a report of the British 
and Foreign School Society, would be sent for the informa- 
tion and assistance of the Governor and the Legislative 
Council in framing a measure on kindred principles. 

A despatch containing the opinions of the Judges ot the 
Supreme Court on the subject of trial by jury (to the eflFect 
that the administration of justice would be greatly benefited 
by the permanent and most unqualified adoption of the 
system) was laid before the Council on 2nd June ; also, a 
despatch from the Secretary of State declaring the validity 
of all grants of land theretofore issued by any Governor or 
Officer administering the Government of New South Wales* 

The Abstract of Eevenue for 1835 showed the Receipts for 
that year to have been £184,268 Os. l^d. ; the amount of 
Treasury Bills (£65,000) as security for loans to the Com- 
missariat augmented this to £239,268 Os. l^d. ; and an 
unappropriated balance from 1834 of £30,775 5s. further 
increased the Revenue to £270,043 5s. l^d. The total dis- 
bursements (including a sum of £36,978 19s. 3^d. remaining 
to be expended and charged) amounted to £251,198 2s. 6^d. 
So that a balance remained of £18,845 2s. 7:^d. 

The Receipts arising from the sale of Crown Lands during 
1835 amounted to £89,380 9s. 4d. ; repayments by immi- 
grants to £96 4s. 6d. ; and an unappropriated balance from 
1834 to £42,521 16s. 5^d. ; making a total Eevenue of 
£131,998 10s. ^d. Of this, £11,139 15s. 3^. had been 
expended for the purposes of immigration, leaving a balance 
in the Treasury of £120,858 15s. 



60 New South Wales. 

The total number of immigrants who arrived during 1835 
was 1,428 — of these 883 were unassisted, and 546 assisted. 

Bills to continue the Jury Act and the Bushranging Act 
were passed on the 9th June ; as was also, on the same date, 
a Bill to remove doubts concerning the validity of grants of 
land in New South Wales. On the 5th July a Census Bill 
was passed. 

On 28th June the Governor presented a Bill to restrain 
the unauthorized occupation of Crown Lands. He remarked 
that the interference of Government had lately been sought 
by a number of respectable colonists, who represented that 
the commission of various offences was occasioned and pro- 
moted by the indiscriminate occupation of these lands. It 
was, therefore, proposed to permit their occupation under the 
following regulations : The Waste Lands situated within the 
limits of location would still be accessible under the regulations 
of 1st August, 1831. Permission to occupy those beyond 
the limits of location might be obtained by application to 
Government ; licenses, renewable annually, would be granted 
to persons of good repute to depasture sheep and cattle 
beyond the limits of location, which licenses would protect 
the holders from any proceeding against them under the 
proposed Act. A certain sum would be charged upon the 
issue of each license and its annual renewal, to defray the 
charge for commissioners and other expenses necessary to 
effect the purposes of the Act. These expenses, at first 
considerable, would be charged on the revenue derived from 
Crown Lands. Sufficient time would be given, previously to 
the operation of the Act, to allow of applications for licenses 
being received and considered, and of leases being obtained 
for land within the limits of location in the usual way. No 
expectation was held out that any increased protection would 
be afforded to those persons placing themselves beyond the 
limits of location* The Bill passed through all its stages, and, 
as amended, was read a third time, on 29th July, and passed. 

On 6th July the Governor laid before the Council his 
Financial Minute, explanatory of the Estimates, and of the 
Ways and Means for 1837. The whole Charge for 1837 was 
estimated at £240,673 lis. 8^d. The Ways and Means to 
meet this (including an unexpended balance of £18,845 
2s. 7d.) amounted to £284,545 2s. 7d. ; to which was to be 
added the value of Treasury Bills amounting to £80,000 ; 
making in the whole the sum of £364,545 2s. 7d. to meet a 
charge of £240,673 lis. 8id. The charge on the Supplemen- 



Governor BourJce. 61 

tary Estimates for 1836 (£24,086 7s. 5^(1.) would be fully 
met by the excess of Ilevenue over Expenditure in that year. 

The Estimates passed through the Council during July, 
and on 5th August the Appropriation Bill was passed. A 
protest was signed by Robert Campbell, Richard Jones, 
E. C. Close, and H. H. Macarthur, against the appropriation 
of £3,000 for establishing schools on the Irish system; 
protests were also signed severally by Robert Campbell and 
Richard Jones against the appropriation of £600 towards the 
establishment of an orphan school for destitute Roman 
Catholic children. Mr. Blaxland also reiterated his former 
protests against the proposed salaries of the Colonial Secretary, 
the Colomal Treasurer, the Colonial Agent-General, and the 
British Resident at New Zealand. 

A Committee, appointed to report on the plan and estimate 
for a new Government House, brought up their report on 
12th August. They recommended a site on an elevated spot 
of land near Bennelong's Point, equi-distant between the 
Government Stables and Eort Macquarie. The committee 
on the proposed Circular Quay brought up their report on 
the same day, which was to the effect that the plan pro- 
posed for forming a Circular Wharf from shore to shore at 
the head of the Sydney Cove had been approved of by the 
Committee. On 26th August the Committee appointed to 
report on the plan and estimate for the Gaol at Darlinghurst 
recommended that the gaol best adapted for thi? part of the 
Colony was one framed on the principle of the Eastern Peni- 
tentiary at Philadelphia, U.S.A. 

On 12th August the Legislative Council terminated its 
sittings for 1836. 

The Session of 1837 was opened on 30th May, when Mr. 
Edward Deas-Thomson (Colonial Secretary) and Sir John 
Jamison were sworn as members. The Governor (Sir Richard 
Bourke) then read the opening Speech. This adverted to 
the devising of measures, then in progress, to procure or 
aid the introduction into the Colony of useful labourers of 
various descriptions. Notwithstanding the lack of labour, 
considerable progress had been made in some of the most 
important public works. Since the last Session His 
Majesty's permission to open for location the country 
adjacent to the waters of Port Phillip, and in the vicinity 
of Twofold Bay, had been obtained. The Port Phillip 
district already contained a population of more than 500, 
whilst more than 100,000 sheep might be found graz- 



62 New South Wales. 

ing on its ample pastures. Tlie expenses attending 
this occupation had been hitherto defrayed from the 
Revenues of Crown Lands, to which the sale of such lands 
within the district would hereafter largely contribute. It 
had been notified in the Government Gazette that an Act 
renewing for one year the Act which instituted and upheld 
the Legislature of New South Wales had passed the Imperial 
Parliament in the previous Session. It had been the inten- 
tion of His Majesty's Ministers to propose to Parliament iji 
that Session a new Bill for the future Grovemment of New 
South Wales, but circumstances which had not been antici- 
pated induced them to postpone it for another year. In an- 
nouncing this delay the Secretary of State had assured the 
Governor of his intention to introduce at an early period of 
the current Session a Bill framed upon such principles as 
should appear best calculated to promote the important 
interests involved in the question. A Bill continuing the 
Jury Act of the last year would be submitted. The Abstracts 
of Revenue and Expenditure for 1836, also the Estimates 
for 1838, would shortly be laid before the Council. The 
Colony was again to be congratulated upon uniform tran- 
quillity and rapidly-increasing prosperity. Great as was the 
Revenue of 1835, it had been surpassed by that of 1836 ; 
the exports and imports for the latter period had also con- 
siderably increased upon the former ; and there was every 
indication of the continuance of such success. 

Despatches on the subject of settlement at the Port Phillip 
and Twofold Bay districts were then laid before the Council. 
The first of these was a communication dated 10th October, 
1836, from Sir Richard Bourke to Lord Glenelg (Secretary 
of State for the Colonies). The Governor stated that " being 
informed bv the Lieutenant-Governor of Van Diemen's Land 
that several British subjects connected with that Colony have 
taken possession of a tract of land on the south Coast of 
New Holland, in virtue of a treaty with a tribe of aboriginal 
natives, it becomes my duty to report to your Lordship this 
intrusion upon part of the territory described in the Com- 
mission which I have the honour to hold from His Majesty.'' 
Sir Richard Bourke stated that he had considered it incum- 
bent on him immediately to protest against any consequences 
derogatory to the rights of the British Crown that might be 
imagined to flow from the alleged treaty ; he had accordingly 
proclaimed in the Oovemment Gazette of 2nd September, 1835, 
" that every such treaty, bargain, and contract, with the 



Governor Bowtke. 6S 

aboriginal natives as aforesaid for the possession, title, or 
claim of any lands lying or being within the limits of the 
Government of the Colony of New South Wales as the same 
are laid down in His Majesty's Commission * * * is void 
and of no effect against the rights of the Crown ; and that 
all persons who shall be found in possession of any such 
lands as aforesaid without the license or authority of His 
Majesty's Government for such purpose first had and obtained, 
will be considered as trespassers and liable to be dealt with 
in like manner as other intruders upon the vacant lands of 
the Crown within the said Colony." He had not seen cause to 
take any other steps in the matter until he had received further 
advices from His Lordship on the subject. The settlement at 
Twofold Bay was then adverted to, and a proposal was made 
for the establishment of a township there, and the declaration 
of a portion of the adjoining lands as being open to location. 
In consideration of the capital expended in the Port Phillip 
district, an early occupation of that territory was recommended. 
The despatch in reply to Sir Richard Bourke approved of 
the course which had been pursued, especially of the pro- 
clamation maintaining the right of the Crown to the soil on 
which those new settlements had been effected. Lord Glenelg 
expressed his general concurrence with the views of the 
colonial Governor, and sanctioned his acting on them in the 
manner he proposed. 

The Revenue for 1836 amounted to £198,136 9s. 5d. ; 
an unappropriated balance from the previous year, of 
£120,868 16s., augmented this to £318,995 4s. 5d; a 
further amount from the Commissariat, of £50,000 on account 
of Treasury Bills, iacreased the Revenue to £368,995 4s. 6d.; 
and a balance from 1835 of £18,645 2s. 7id. brought the 
total up to £387,840 7s. 0;^. The Disbursements amounted 
to £248,663 9s, 9^., and an amount of £72,350 8s. 9id. 
remaining to be expended and charged, increased these to 
£321,013 18s. 6f d. A balance, therefore, of £06,826 8s. S^d. 
remained available for future disposal. . The Abstract of the 
Revenue arising from Crown Lands showed an amount from 
that source for 1836 of £132,396 19s. 9d. ; repayment of * a 
loan of £10,000, and an unappropriated Balance of £120,858 
16s., made a total of £263,255 14s. 9d. The expenditure 
amounted to £16,362 3 2s. Id. ; aij. unappropriated Balance 
from 1835 of £120,858 15s. had been transferred in aid of 
the General Revenue of the Colony. This left a Balance in 
the Treasury, on 31st December, 1836, of £126,034 7s. 8d. 



64 New South Wales. 

A Bill to continue the Jury Act was passed on 2nd June, 
and a Bill to adopt certain English Acts in the administration 
of Justice was passed on 13th July, 

On 4th July the Governor laid before the Legislative 
Council his Financial Minute explanatory of the Expenditure 
and Ways and Means for 1838. The whole Charge for 1838 
was estimated at £26^,060 8s. lid. ; the Ways and Means to 
meet which were £346,526 8s. 6^d. There resulted therefore, 
a Balance in favour of the Treasury of £80,465 19s. 6^d. 

The Estimates passed the Council in July, and on 4th 
August the Appropriation Bill was read a third time and 
passed. A protest was made by M r. John Blaxland against 
the continuance of the salary to the Colonial Agent- 
General, and to the British Resident in New Zealand. 

APrivate Bill was passed during this Sessionfor lightingthe 
town of Sydney with gas ; investing the Australian Gaslight 
Company with the necessary powers for carrying outthe work. 

The total number of immigrants arriving during 3 836 was 
1,621 — unassisted, 813 ; assisted, 808. 

The Session of 1837 closed on the 13th September, 



The efforts of Dr. Lang at this period to induce the local 
Government to set apart the land revenue of the Colony for 
the purposes of free immigration proving ineflPectual, he 
appealed with success to the Home Government. As 
the result of his representations, in 1837, the Right Hon. 
Lord Glenelg, Secretary of State for the Colonies, organized 
an agency for the promotion of voluntary emigration, from 
which the Colony derived much benefit. 

The knowledge of Australian geography was greatly extended 
during Sir Richard Bourke's term by the efforts of Major 
Mitchell, the Surveyor-General. This officer, having conceived 
the idea that an outlet existed for the waters of the north- 
western interior, fitted up an expedition. Although this was 
partly unsuccessful, owing to the hostility of the natives, who 
speared some of his men and obliged him to return prematurely. 
Major Mitchell ascertained that the Darling was the receptacle 
for the various streams rising on the western declivity of the 
Dividing Range, which had been previously discovered. 

In 1835 Major Mitchell was commissioned by Sir Richard 
Bourke to trace the Darling River from the point whence it 
had been left by Captain Sturt, and to solve the problem as 
to whether the outlet of a river discovered by the latter 
gentleman when subsequently sailing down the Murray was 



Governor Bourke. 66- 

really tliat of the Darling. Major Mitchell took a westerly 
course from Boree, near Bathurst, along the Bogan River — 
or New Year's Creek, so-called by Captain Start — till it 
emptied itself into the Darling. This latter river he succeeded 
in tracing for 300 miles to the southward, leaving only 130 
miles of its further course unexplored, and discovering 
thirty-two new varieties of grass in his travels, thus proving 
the suitableness of the land for pastoral purposes. 

In 1836 Major Mitchell was again directed to follow up his 
former discoveries by tracing the Darling for the remainder 
of its course, and, on his return, to explore the Murray 
River. This great task he successfully accomplished, not 
only verifying the conjecture of Captain Sturt, but, in 
tracing back the Murray to its source, discovered a splendid 
tract of country which he named Australia Felix — " which 
now constitutes the Colony of Victoria, or Port Phillip, equal 
in extent to the whole island of Great Britain, fascinating in 
its general aspect, traversed by numerous perennial streams,, 
and equally adapted to agricultural and pastoral pursuits." 
Major Mitchell was knighted for this service. 

Certain adventurers from Van Diemen's Land having set up 
claims to the Port Phillip land under pretence of having pur- 
chased it from the natives, it was deemed advisable to take 
possession of that district as a dependency of New South 
Wales, which was formally done by Sir Richard Bourke in 
October, 1836, and a regular Government establishment was 
formed there. 



A statue of Sir Richard Bourke was erected by private 
subscription of the people, to commemorate their appreciation 
of the important services rendered by him during his 
Administration. It stands at the Macquarie-street entrance 
to the Domain, and bears an appropriate inscription. 

Sir B;ichard Bourke left the colony on 5th December, 1837. 

The following statistical information is from the Registrar- 
GeneraFs Returns, and serves to demonstrate the progress of 
New South Wales under Sir Richard Bourke : — 

Land under cultl- 
Year. Population. ration. Revenue. Expenditure. Imports. Exports. 

1832... 53,624 acs. £136,847 £115,004 £604,620 £384,344 

1833... 60,794* 60,620 „ 164,741 126,693 713,972 394,801 

1834... 66,212 74,811 „ 205,443 138,660 991,990 687,640 

1835... 71,592 79,256 „ 274,591 171,044 1,114,805 682,193 

1836... 77,096* 87,432 „ 330,579 217,877 1,237,406 748,624 

1837... 85,267 92,125 „ 354,802 305,388 1,297,491 760,064 

* Census taken. 
£ 



66 New South Wale*. 



CHAPTER VIII. 



GOVERNOR SIR GEORGE GIPPS.-1838-1846. 

Sir George Oippe — ^His Policy — Financial Disaster — ^Legislative Session of 1838 — IVo- 
posed Bill for the Government of New South Wales — ^Session of 1839 — Crown 
Lands Occupation Act Amendment Bill — Minute on Finance — ^Minute on Eklucation 
— Despatch from Lord Glenelg re Transportation — Session of 1840 — Annexation of 
Kew Zealand— Claims to Grants of Land in New Zealand — ^Mr. Wentworth's 
Address — Sir George Gippe' Reply — ^Finance — Education — Police and Gaol Ex- 
penditure — ^Royal Listructions — The Council's Address thereon — Session of 1841 
— ^Financial Embarrassments — E!ducation — Despatches from England — Committee 
on Immigration Debentures — Session of 1842 — 'Commercial Panic — ^Session of 1843 
— ^The Constitutional Act — The Electoral Bill — Dissolution of the Council — Meeting 
of the New Council — Select Committee on Monetary Confusion — P^rogation — 
Extraordinary Session of the Council — Session of 1844 — ^District Councils — 
Differences between the Governor and the Council — Land Grievance Committee 
— Committee on Education — Select Committee on the Elective Franchise — Police and 
Gaol Expenditure — General Grievances Committee — ^Addresses to Her Majesty — 
Session of 1845 — Immigration — Session of 1846 — Crown Lands Occupation C<mtinn- 
ation Bill — Close of Gipps' Administration — Dr. Ludwig Leichhardt — Statistics. 

Sir George Gipps, the ninth Governor of New South 
Wales, entered upon office on the 24jth February, 1838; 
Colonel Snodgrass having been Administrator of the Govern- 
ment from Sir Richard Bourke's departure on 5th December, 
1837. 

The recent occupation of the splendid tract of available 
country known as the Port Phillip district had attracted 
thither a large number of immigrants, to settle as stocks 
holders, agriculturists, and merchants. With regard to the 
•disposal of land to these people. Sir George Gi{)ps, anxibus 
to fill the Public Treasury, adopted the policy of throwing 
into the ma^et only a small quantity in proportion to 
the demand. . Consequently, the price of land in the Port 
Phillip district became enormously high, and the settlers 
'were therefore heavily handicapped by having to part with 
^so much of their capital in purchasing the land. 

The extensive immigration which took place was attended 
by a large influx of British capital. There were two Banks 
then in existence — the Bank of New South Wales and the 



Governor Oipps. 67 

Bank of Australia. Two Mammoth Banks, as they were 
called — ^the Bank of Australasia and the Union Bank of 
Australia ; two other Colonial Banks — the Sydney Bank and 
the Commercial Bank ; and three other monetary institutions 
— ^the Loan Company, the Trust Company, and the Aherdeen 
Loan Company — were established. The Government was in 
the habit of depositing large amounts, the proceeds of land 
sales, in the different Banks, at 4 per cent, interest; but 
Governor Gipps insisted on having either 7 or 7^ per cent. This 
he obtained ; and in order to pay this high interest concur- 
rently with transacting their ordinary business and meeting 
their usual liabilities the Banks had to enlarge their discounts, 
and to take security for their advances, in doing which they 
crossed the line of safety. The rage for speculation now 
seized the Colonial public with even greater vehemence than 
during the sheep and cattle mania of Darling's time ; the 
most unbounded extravagance of living was indulged in ; 
everybody bought land and live stock at enormous prices, 
till at last, the obligations to the Banks and Loan Companies 
coming due, land and stock, costly equipages, and property 
of all kinds, were forced upon a falling market, and the 
inevitable crash came. The Bank of Australia was involved 
in the ruin, and fell. 

Sir George Gipps, in 1814 — as will appear from the 
legislative review which follows — tissued a proclamation 
establishing certain regulations, in virtue of which squatters 
were required, over and above their license-fee and the 
assessment on stock, to make certain compulsory periodical 
purchases of land, for and in consideration of the privilege 
of squatting. A great outcry followed this action ; meetings 
were held ; inflammatory speeches were delivered ; petitions ' 
were signed largely; and to secure the due protection of 
the pastoral interests, a society called " ^ITie Pastoral Associ- 
ation of New South Wales " was formed. 

The Session of 1838 was opened by His Excellency Sir 
George Gipps on 29th May. In meeting the Legislative 
Council for the first time the Governor expressed his hap- 
piness at being able to congratulate the Colony on its general 
tranquillity and upon its industrial success. A communica- 
tion would at once be laid before the Council, informing 
them of the reasons which had led to a further delay in 
bringing before Parliament the Bill for regulating the 
Constitution of the Colony, and of the consequent necessity 



68 New South Wales. 

of renewing for a short time the Act under which it had 
been governed for the last nine years ; a Bill for renewing 
for two years the Jury Act ; also Bills dealing with the 
Insolvent and Licensing Laws, would be shortly submitted. 
The expediency of renewing the Act for regulating the 
Occupation of Crown Lands, which expired on Slst 
December, would be taken into consideration. Some im- 
portant communications from the Home Government on 
the subject of Immigration would be laid before the Council. 
The state of the Revenue continued most favourable ; the 
progress of Public Works was marked, and would be 
continued with equal vigour ; and a general desire to supply 
moral and religious instruction to the people was being 
manifested. 

• 

The Despatch referred to in the Speech stated that it was 
the intention of Her Majesty's Government to propose a 
new Bill for the Government of the Colony ; but that 
pending the inquiries of the Select Committee appointed to 
inquire into the state of the Colony, it was desirable that 
the subject should not be too early pressed on the considera- 
tion of Parliament, the Session having been suddenly termi- 
nated by the demise of the Crown. 

The Abstract of Revenue for the year 1837 showed the 
total amount of ordinary and extraordinary Revenue for that 
year to be £225,919 6s. 9d. Treasury Bills, drawn as 
security for a loan to the Commissariat, amounting to 
£20,000, and an unappropriated balance from 1836 of 
£66,826 8s. S^d., made a total from revenue and receipts 
of £312,745 14s. 2^. The total disbursements (with an 
amount of £104,006 4s. 3^d. remaining to be expended and 
charged) were £360,941 6s. 5fd. ; there remained, therefore, 
a debit balance of £48,196 128. 3id. 

The total receipts for 1837, arising from the sale of Crown 
Lands, amounted to £127,866 Is. lOd. ; and an unappropriated 
balance from 1836 of £126,034 7s. 8d., increased the total to 
£263,900 9s. 6d. This was augmented by a simi of 
£981 9s. 2fd., the proceeds of the sale of Emigrant Stores — 
to £264,881 18s. 8f d. The expenditure (chiefly for purposes 
of Immigration) amounted to £57,665 7s. 0^., so that 
there remained a balance in the Colonial Treasury of 
£197,326 lis. 8^d. A statement of the expenses of the 
Government Establishments at Port Phillip, in 1837, showed 
the total amount to be £6,879 2s. 4d. 



Oovernor Gipps. 69 

On 7th August the Estimates for 1839, together with the 
usual Pinancial Minute, were laid before the Council. In 
bringing before the Council the accounts of the past and 
the Estimates for the ensuing year, the Governor stated that 
the Revenues of 1837 greatly exceeded the amount which 
had been anticipated. But it would be observed by the 
published accounts for the half year ended 30th June, that 
there was a considerable falling off in the Revenue derived 
from the sale of Crown Lands. It would be perceived that 
though under some heads the Estimates had been exceeded 
no additional vote of money would be required, as the 
surplus on other items would cover the deficiency. A Sup- 
plementary Estimate, amounting to £34,769 5s. 4Jd., was 
presented for the service of the current year. The Estimates 
for 1839 amounted to £321,911 Is. 4d., an excess upon those 
of 1838 of £53,864 4s. 6d. (exclusive of the sum of 
£20,081 5s. for Port Phillip). The charges for Port Phillip 
had been made on a separate Estimate, not only because it 
seemed desirable that an account of the expenditure 
incidental to the opening up of that extensive country should 
be kept distinct from the general expenditure, but because 
(in conformity with the recomtmendation of Sir Richard 
Bourke) the expenses connected with Port Phillip were 
defrayed, in the first instance, out of the Land Revenue. 
The Ways and Means to meet the charge for 1839 were 
£246^120, leaving a deficiency to be supplied out of the 
savings of former years of £75,791 Is. 4d. This circumstance 
rendered it desirable that the Council should consider the 
general state of the finances. 

On the 20th September, the Estimates having passed 
through Committee in the meantime, the Appropriation Bill 
was read a third time and passed. A protest against certain 
of the items therein contained, signed by Mr. John Blaxland, 
was transmitted to the Secretary of State. 

Bills to continue the Jury Act, to continue and amend the 
Act for restraining the Occupation of Crown Lands, and to 
amend the Newspaper Restriction Act, were passed during 
the Session of 1838, which terminated on 26th October. 

The Legislative Council met, on 14th Eebruary, 1839, 
pursuant to summons. His Excellency Major-General Sir 
Maurice Charles O'Connell, K.C.H., Commander of the 
Eorces, and Captain Philip Parker King, R.N., were sworn 
as new members. 



70 New South Wales. 

The Governor (Sir George Gipps) in his Speech stated 
that he had called the Council together thus early in order 
to propose a measure for the establishment of a police force 
beyond the settled districts — a, measure which was rendered 
urgent by recent depredations. The Bill which would be 
submitted proposed to accomplish its objects by giving 
to the Crown Commissioners in those districts far more 
ample powers than they possessed ; and by providing that 
each Commissioner should be accompanied by a moving 
police force sufficient to repress the predatory attacks of the 
natives, and to keep order amongst all classes. In proposing 
.a new tax it was not sufficient to show that it fell on per- 
sons who might properly bear it ; it was further necessary to 
prove that the tax itself could not be dispensed with. The 
attention of the Council was therefore requested to the state 
of the finances of the Colony. The total revenue of the 
year 1838, exclusive of Crown Lands, was £202,960 7s. 5d., 
being nearly £27,000 less thaa was estimated by Sir Biichard 
Bourke. The total expenses for the same year could not yet 
be exactly ascertained; but might be taken at about 
£295,000, being an excess of upwards of £92,000 over the 
B;evenue. The excess of expenditure over income for 
1839 must be taken at a still higher sum — ^much greater 
than was considered probable in August. Economy, there- 
fore, was necessary — an economy which would tend rather 
to call forth the energies of the people than to repress them. 

The Governor then laid upon the table a Bill to amend 
and continue the Crown Lands Occupation Act, The Bill 
was read a first time, and afterwards referred to a sub-com- 
mittee, who on 6th March brought up a Beport. This was 
favourable to the introduction of such a Bill, making pro- 
vision tlierein for the establishment of a Border police by 
means of a tax, which was to be raised by a rent on land. 
The Bill was, on the 22nd March, finally passed. It im- 
posed penalties for the unauthorized occupation of Crown 
Lands, or for occupying Crown Lands beyond the limits of 
location Tidthout a lease or license. Licensed persons w^ere 
to report stock, proprietors, and brands half-yearly under a 
penalty. Por the districts beyond the limits of location a 
Commissioner and policemen were to be appointed; the 
Commissioner was armed with certain powers to keep the 
peace in those districts. In order to de&ay the expenses 
incurred, a yearly assessment on stock depastured beyond the 
limits of location was to be levied, at the rate of ^. each for 



.Governor Gipps. 71 

sheep, l^d. each for cattle, and 3d. each for horses. The 
Council then adjourned sine die. 

In meeting the Council on June 11th, for the despatch of 
the ordinary business of the year, the Governor congratulated 
the Colony on the improved prospects opened up by the 
termination of the late drought. A Despatch had been 
received from the Secretary of State announcing the early 
intention of Her Majesty's Government to appoint an officer 
who would be vested with the powers and assume the 
character of British Consul at New Zealand. Upon this 
appointment being made the office of British Resident would 
be discontinued. Immigration Beturns were in course of 
preparation, and would be speedily presented. It was pro- 
posed to refer the whole subject of Police establishments to 
a Committee. On the question of Education a proposition 
would shortly be brought forward. The schools under the 
immediate control of the Government, or of a Board of Educa- 
tion, would be established on the principle of the British and 
Foreign School Society, leaving to every religious community 
the option of continuing their own schools, or of founding 
new ones, on the understanding that they would still receive 
from the Government pecuniary assistance towards the sup- 
port of them equal in amount to that derived from private 
contributions. The rise in the price of provisions had caused 
all the public contracts to greatly exceed in cost those of 
the past year. Had it not been for this circumstance the 
expenditure of the current year would have been within the 
Estimates sanctioned by the Council. The public accounts 
would without delay be laid before the Council, as well as 
the Estimates for 1840. The revenue continued to improve, 
and though the gross amount would be exceeded by the 
expenditure, by wise and economical measures pecuniary 
embarrassment would be avoided. 

On 25th June a report from the Agent for Immigration was 
laid upon the table, together with a Return by which it was 
shown that in 1838 the number of immigrants who arrived 
in ships chartered by Government was 4,480; on bounty, 
1,622 ; unassisted, 1,478 ; making a general total of 7,580. 

On 23rd July the Governor laid upon the table an 
Abstract of the Revenue and of its appropriation for 1838. 
The amoimt of ordinary revenue and incidental receipts 
reached £202,579 18s. 7d. ; the revenue derived from the 
sale of Crown lands was £131,499 13s. 4^. ; the Treasury 
Bills on loan to the Commissariat Department amounted to 



72 New South Wales. 

£25,000 ; sums reserved amounted to £266,309 12s. lid. ; 
the balance of unexpended Land Kevenue at close of 1837 
(£197,326 lis. 6^d.) less the debit balance on the same 
date, was £149,130 19s. 5^d. The total revenue for 1838 
amounted to £773,520. The disbursements amounted to 
£332,048 15s. llf d. ; an amount of £131,113 Is. l^d. 
chargeable on the Crown Lands Revenue, and the loan of 
£25,000 to the Commissariat, made the total disbursements 
£488,161 17s. IJd. A credit balance of £285,358 7s. 2id, 
remained, which was chargeable with extra expenses and 
arrears. 

His Excellency the Governor then read a Minute relative 
to the Estimates of Expenditure for the year 1840 (laid 
before the Council). Eor the first time in New South Wales 
the Governor had to announce a movement in a retrograde 
direction, the revenue of 1838 being less by £24,320 than 
that of the year which immediately preceded it. The items 
on which there had been the greatest falling off were the 
duties on imported spirits and tobacco. The decrease in the 
produce of the duties on tobacco was to be ascribed either 
to the increase in the cultivation of that plant in the colony, 
or to smuggling. The diminution in the revenue derived 
from imported spirits was to be attributed to smuggling and 
illicit distillation. In neither case, therefore, could the 
decrease be taken to indicate a falling-off in the commercial 
activity or productive energies of the Colony. In . those 
items which formed a surer test of general prosperity there 
was a small increase. These items were the ad valorem duties 
and the wharfage, harbour, and lighthouse dues. The ordi- 
nary revenue for 1838 reached only £202,579 18s. 7d.; the 
receipts from Crown Lands — £131,499 13s. 4d. — making the 
gross revenue £334,079 lis. lid. ; while the gross expen- 
diture in the same year reached £463,161 17s. Id. One of 
the chief reasons for this large expenditure was that Govern- 
ment here discharged a vast variety of functions, which in 
other Anglo-Saxon countries were discharged by local autho- 
rities, municipal corporations, or by other bodies or persons 
who were not the immediate agents of the Government. 
The only security against the occurrence of such evils would 
be found in the timely raising up of such institutions as 
those alluded to. The first step towards such a condition of 
things might immediately be taken by requiring each country 
district to raise within itself a portion, at least, of the money 
to be spent in it for purposes of a local nature. The Esti- 



Governor Gipps. 73 

mates of Expenditure for 1840, exclusive of any charge for 
Immigration, and exclusive of Port Phillip, amounted to 
£34)4,225 17s. 9d. — ^from which, if the expenses of collecting 
the Crown Revenue were deducted, and the excess of expen- 
diture over ordinary revenue at Port Phillip were charged 
on it, the remainder would still he ahove £300,000 ; whilst 
the revenue — exclusive of Crown Lands and Port Phillip — 
could not, with certainty, he reckoned at much more than 
£200,000. In order, therefore, to spend the net proceeds of 
the Crown llevenue on Immigration, there ought to he a 
reduction of nearly £100,000 in the !Estimates ; and such a 
reduction would be forced upon the Colony in future years — 
if not in the ensuing one — ^by the exhaustion of the Treasury. 
The circumstances under which the settlement at Tort 
Phillip had been opened, and the great distance at which it 
was placed from the other located parts of the colony, seemed 
to justify the policy of Sir Richard Bourke, of defraying the 
first cost of its settlement from the revenue derived from 
the sale of Crown Lands, a policy which — having no instruc- 
tions from England to the contrary — ^he (Sir George Gipps) 
would still pursue. Since the opening of the settlement 
in 1836 the expenditure on Port Phillip had amounted to 
£21,771 10s. 8d. ; the revenue (exclusive of Crown Lands) 
to £4,597 15s. lOd. ,The difference between these sums 
(£17,173 148. lOd.) had been taken from the General Land 
!Pund of the Colony, The revenue at Port Phillip had 
greatly increased that year (1839) ; but still it was probable 
that the excess of expenditure over ordinary income would 
not be less than £10,000. The sum, therefore, taken from 
the Land Fund to aid the opening of Port Phillip would, 
probably, by the end of 1839, amount to about £27,000 ; 
whilst the proceeds of land sold there up to the 30th June 
amounted to £67,558 14s. 9d. The Estimates for Port Phillip 
for 1840 amounted to £39,289 Is. Id. The ordinary income 
could not with any degree of certainty be calculated ; but it 
might- be reckoned at £20,000. Greatly as the coimtry had 
suffered, and was still suffering, from the failure of crops, 
and urgent as might be the necessity for a change in some 
parts of the financial system of the colony, its condition was 
one of unexampled prosperity; and measures of common 
prudence only were required to ensure the long continuance 
of the many advantages the colonists enjoyed. 

On the same day the Governor read a Minute explanatory 
of the system of education, for the establishment of which 



74 Kew South Wales. 

he had caused a sum' of £3,000 to he inserted in the estimate 
for Education. Schools, in wliich the system of the British 
and Foreign Society was to he introduced, were to be erected, 
the salaries of the masters and mistresses were to be defrayed 
by the Government ; and the whole management was to be 
entrusted to a Board of Education. A sum of ^d. per diem 
was to be paid for every child educated in these schools, and 
subscriptions would be set on foot to defray this charge for 
parents who might be unable to bear it. The assistance of 
Government to Denominational Schools would still be con- 
tinued, on the principle of making the contribution from 
Government equal to that raised from private sources. This 
principle would be acted on within the following limits : — 
No school should be entitled to assistance unless a certain 
sum (say £100) should be subscribed in aid of its first 
establisliment ; Government aid should be discontinued 
whenever the average attendance fell below a certain number 
(say 40) ; no aid whatever should be allowed to schools not pro- 
vided with competent teachers ; and no two schools of the same 
denomination should receive Government aid, unless separated 
by a distance of 5 miles, or unless the population of the 
place should exceed 3,000. Support to the schools established 
prior to 1836 would be discontinued gradually. As it was 
not anticipated that Boman Catholics would resort generally 
to schools established on the principles of the British and. 
Foreign Society, £1,000 was inserted for the maintenance of 
their schools under the Church Act of 1836. The Board 
would have entire control over the Government Schools, 
without being allowed to vary the nature of the religious 
instruction afforded therein. 

. On 30th July the Governor laid on the table a despatch 
from Lord Glenelg, expressing the concurrence of Her 
Maj^ty's Government in the expediency of discontinuing 
the assignment of male convicts, as a step towards the entire 
discontinuance of assignment throughout the colony, at as 
early a period as practicable. 

The Estimates and the Appropriation Bill having been, 
passed, on 19th November the Council terminated its sittings 
for the year. 

On 28th May the session of 1840 began. The Governor 
congratulated the Council on the general state and prospectsr 
of the Colony. The revenue in the past year had exhibited 
a considerable increase upon that of the one which preceded 
it; and an addition of 10,000 souls had been made to 



Governor Oipps, 76 

the population by iminigration. The establishment of Her 
Majesty's authority in the islands of New Zealand was a 
matter of the highest importance to British interests in that 
quarter of the globe. The annexation to the Grovemment of 
New South Wales of Her Majesty's possessions in those 
islands would impose additional labours on the Council ; but 
these wo\ild be cheerfully performed until the colonists of New 
Zealand should be in a position themselyes to undertake the 
business of legislation. A Bill to authorize inquiries into 
the claims advanced by many of Her Majesty's subjects to 
tracts of land by virtue of purchase or cession from the 
chiefs or native tribes of those islands, would be at once 
submitted. Though these claims could have no foundation 
in law or the usage of colonizing Powers, Her Majesty had 
expressed her int^tion to allow and confirm such of them as 
might be founded on equitable principles, and which were not 
in extent or otherwise prejudicial to the interests of Her 
Majesty's subjects in New Zealand. Commissioners, furnished 
with powers similar to those by which claims to grants of land 
were investigated in New South Wales, would be appointed 
to inquire into the validity of these claims. An advance (only, 
however, in the nature of a loan to be repaid to New South 
Wales) from the Crown Eevenue had been authorized to 
defray the first expense incident on the establishment of Her 
Majesty's sovereignty in New Zealand. The means by which 
the net revenue derived from the sale of the wild lands of the 
Crown might be applied to the purposes of immigration would 
be brought under consideration. The best course to be pursued 
would be to cause the police and the Public Works within 
the limits of each district to be defrayed out of funds raised 
in each district by local assessments. A BiU with this pur- 
port would be submitted. The land revenue was in a very 
flourishing condition. A Bill on the subject of Corporations 
would be presented. The Annual Estimates and . the usual 
financial papers were being prepared, and would shortly be 
laid before the Council. 

The Return of the number of immigrants arriving in 
1839 showed that during that year the total number who 
emigrated to the colony from England was 11,368. Of these 
2,802 came on their own resources; the remainder were 
assisted by Government. 

On 4th June the Abstract of Revenue and Expenditure 
for 1839 was laid before the Legislative Council. The 
amount of ordinary revenue and incidental receipts waa 



76 New South Wales. 

£240,429 Is. lid. ; the revenue arising from Crown Lands 
amounted in all to £186,939 6s. lid. ; and a balance from 
1838 of £285,358 7s. 2^d., increased the total revenue to 
£712,726 16s. Qldi. The total expenditure (including that 
chargeable on the revenue arising from Crown Lands) 
amounted to £533,742 16s. l^d. ; advances made from the 
Colonial Treasury for encouraging the importation of grain 
for general consumption, and providing seed for poor 
settlers during the drought, made the total disbursements 
£567,966 17s. 8^d. A balance at the close of 1839 remained 
of £144,759 18s. 3fd. This was chargeable with certain 
sums appropriated but not yet applied, and with the un- 
adjusted arrears of 1839. 

A Bill to declare and extend the laws of New South Wales 
to Her Majesty's dominions in New Zealand was passed on 
16th June. 

A Bill to empower the Governor of New South Wales to 
appoint Commissioners to examine and report on claims to 
grants of land in New Zealand was presented and read a first 
time on 28th May. On 25th June a petition was presented 
by Mr. H. H. Macarthur from certain British subjects, 
landholders in New South Wales and New Zealand. It 
represented that the petitioners, having perused certain pro- 
clamations in the New South Wales Government Gazette of 
22nd January, and also the Bill before the Council, submitted 
that their rights and privileges as British subjects and as 
landowners in New Zealand would be unj'ustly and uncon- 
stitutionally invaded by the provisions of the said Bill. The 
petition ended by asking to be heard by counsel in opposition 
to the Bill. On the 30th June Mr. Busby and Mr. William 
Charles Wentworth, and also Mr. k Beckett and Mr. Darvall, 
Barristers-at-law, were introduced ; and on that and subse- 
quent days successively addressed the Council in opposition 
to the Bill. 

It was contended by Mr. Busby that the Council would 
be assuming a power at variance with the principles of 
the British Constitution were they to proceed with the 
confiscation of property at New Zealand, which seemed 
to be contemplated by the proposed Bill. No doubt there 
were many claims that would not bear investigating, still 
there were many worthy possessors of land on the banks 
of the various harbours and rivers who would suflFer greatly 
were the proposed Bill to become law. No attempt hsul been 
made by the Government to prevent British subjects acquiring 



Governor Gipps. 77 

property in New Zealand, as was the case with those settlers 
from Van Diemen's Land who orginated the colony of Port 
Phillip ; for no sooner was it known that the Port PhiUip 
speculators had purchased large tracks of land from the natives 
than a Proclamation declared the illegality of their proceed- 
ings. But in this case this had not been done. Up to the time 
that New Zealand was taken under the protection of the 
British Crown, the soverigaty of the chiefs as ruling over 
an independent people had been admitted, and their flag 
acknowledged in such ports as their vessels had visited; 
the declaration of independence by the confederated chiefs 
had been approved, and ordered to be printed as a State 
Paper by the Home Government. In a recent treaty 
between Captain Hobson and the New Zealand chiefs the 
latter agreed to forego their right of selling land to any but 
the British Government, thus giving to Her Majesty the 
right of pre-emption ; but if the chiefs had never had that 
right, why were they called upon by that treaty to relinquish 
that which they never possessed ? 

Mr. Wentworth, in the course of a long address to the 
Council, argued that for a Proclamation to be binding, it 
must be founded upon some law previously existent ; and 
if the Proclamations iu question were foimded upon law 
it was for those who had issued them to show .what 
that law was. The principle contained in the preamble of 
the Bill — ^that no chiefs, or other individuals of tribes of 
UDcivilized savages, had any right to dispose of the lands 
occupied by them — was one at variance with British law and 
the Law of Nations. He quoted various authorities in 
support of this view, and stated that whether the New 
Ze^anders were only an independent nation or only a few 
tribes or families scattered over the country, they still 
possessed the demesne or soil of that country; and those 
who had bought it from them only acted in accordance with 
the natural rights of the Natives and the Law of Nations. 
According to Vattel, individuals landing in an uninhabited 
country might not only establish colonies but also erect a 
Government and an Empire ; and if that might be done in 
an uninhabited country it resulted a fortiori that it might 
be done in a country that was peopled, if the natives of that 
country gave their consent thereto. In support of this 
position he instanced the first settlement of New England in 
1620, under Davenport and others, which was conclusive that 
British subjects without the pale of a Koyal Charter might 



78 New South Wales. 

form colonies and erect Governments as had been done in 
Connecticut, where the Government so established had lasted 
for two centuries. It was assumed that the Queen had a 
right to the island by virtue of discovery, but that assumption 
he denied ; discovery gave no right to the occupation of an 
inhabited country ; nor would the Law of Nations acknow- 
ledge the proper^ and sovereignty of any nation, unless it 
had really taken actual possession, and had formed actual 
settlements, or made actual use of the country. The BiU 
rested upon one proposition, which he thought he had dis- 
proved — the incompetency of the New Zealanders to sell, 
and of British subjects to buy, their land. The Bill itself 
was neither more nor less than a Bill of confiscation ; its 
object being to take away property, annul grants, and to do 
away with all property acquired by British subjects in the 
islands of New Zealand. He objected to the Bill in foto, 
for he had proved by indisputable authorities the right of 
British subjects to buy from the New Zealanders, which 
could not be restrained until the Council passed an Act for 
that purpose. Therefore, he argued that any Act to divest 
parties of their land in New Zealand without a compensatory 
clause, such as was contained in Acts passed in England to 
deprive parties of property required for public purposes, 
would be illegal ; the compensation to be awarded must be 
decided by a jury, and therefore the proposed Bill was clearly 
repugnant to the laws of England. Only a few days ago the 
Council passed a law making all the laws of England and 
the Colony applicable to New Zealand ; among these was the 
right of trial by jury, of which the proposed Bill was com- 
pletely suicidal ; it took away the right of trial by jury, and 
the Council could not pass the Bill, or, if they did, the Judges 
could not certify it. 

Mr. a Beckett and Mr. Darvall recapitulated some of the 
leading arguments of the gentlemen who preceded them. 

On the 9th July, on the Order of the Day for the Claims 
to Grants of Land in New Zealand Bill being called, His 
Excellency the Governor (Sir George Gipps) addressed the 
Council at great length in refutation of the positions main- 
tained by the gentlemen who had been heard in opposition 
to the Bill, and read a number of passages from works of 
standard authority to prove that by the law and practice, not 
only of England but of all the colonizing powers of Europe, 
as well as of the United States of America, the uncivilized 
aboriginal inhabitants of any country had always been held 



Governor Qifps.' 7Sf 

to have but a qualified dominion over it, or a right of occu- 
pancy only ; and that until they established among them* 
selves a settled form of government, and subjugated the 
ground to their own uses, by the cultivation of it, they could 
not grant to individuals, not of their own tribe, any portion 
of it, for the simple reason that they had not themselves any 
individual property in it. Secondly — ^That if a settlement be 
made in any such country by a civilized power, the right of 
pre-emption of the soil, or in other words, the right of ex- 
tinguishing the Native title, was exclusively in the govern- 
ment of that power, and could not be enjoy^ by individuals 
without the consent of that Government. Thirdly — ^That 
neither individuals, nor bodies of men belonging to any 
nation, could form colonies except with the consent and 
under the direction and control of their own Government ; 
and that from any settlement which they might form without 
the consent of then* Government they might be ousted ; that 
was simply to say that, in so far as Englishmen were con- 
cerned, colonies could not be formed without the consent of 
the Crown. In the course of his speech. Sir George Gipps 
observed that a suggestion had been thrown out by the Com- 
mittee of the House of Commons which was appointed in 
1837 to inquire into the condition of aborigines in British 
colonies to the following effect : — So far as the lands of the 
aborigines were within any territories over which the 
dominion of the Crown extended, the acquisition of any of 
them by Her Majesty's subjects from their present proprie- 
tors should be declared illegal and void. The prohibition 
might also be extended to lands situate within territories 
which were in immediate contiguity to the Queen's dominions; 
but there was no power to prevent transactions of the 
countries which were neither within the Queen's allegiance 
nor affected by any of those intimate relations which grew 
out of neighbourhood. His Excellency added that New 
Zealand, though not immediately in contiguity with New 
South Wales, had certainly relations with it growing out of 
neighbourhood, and therefore came within the recommenda- 
tion of the Committee. After an elaborate explanation of 
the real objects of the Bill, and the substantial justice of its 
various enactments. His Excellency concluded by stating 
that he would commit it to the hands of the Council, who 
would, he felt assured, deal with it according to their con- 
sciences, and with that independence which they ought ever 
to exercise,--having always before them a due regard for the 
honour of the Crown, and the interests of the subject. 



80 New South Wales. 

On 4th August the Bill, having gone through its interme- 
diate stages, was passed. It enacted that all titles to land in 
New Zealand were to he absolutely null and void, except such 
as were or might he allowed hy Her Majesty. The Governor 
was to appoint Commissioners to examine and report on all 
claims to grants of land which might he referred to them hy 
him. They were to he guided hy the real justice and good 
conscience of the case. Certain lands — those required for 
the site for a town or village, for purposes of defence, for 
reserves, or for any other purpose of puhlic utility, were 
not to he recommended hy the Commissioners for grants ; hut 
compensation in the shape of other lands might he awarded. 

On 29th July the Governor laid before the Council certain 
financial papers, among which were the Supplementary 
Estimates for 1840, and the Estimates of Expenditure for 
1841. After reviewing the revenue and expenditure for 
the past year (1839), the Governor stated that the Estimates 
for 1841, presented to the Council, would show that the gross 
expenditure of the Colony for all purposes except immigration 
was estimated at £347,837 Os. Cd. ; and the same for Port 
Phillip at £50,063 2s. 9d., making together £397,900 3s. 
3d. This estimate only exceeded that framed for 1840 by 
£11,501 5s. 3d., and the excess was almost entirely on 
account of Port Phillip. It was proposed under the per- 
mission which had been given by the Lords of the Treasury, 
to apply to the ordinary expenses of the Colony those portions 
of Crown Revenue which were derived from quit rents, and 
leases, or licenses to use Crown Lands, and wluch formed no 
portion of the funds applicable to immigration. Further, it 
was proposed to charge the land fund with expense of survey, 
and to enforce payment of a portion of the arrears of quit 
rents ; and in order to cover a portion of the expense incurred 
in the erection of churches and school-houses, it was proposed 
to sell from time to time some portions of the estates of the 
late Church and School Corporation, under the general in- 
structions which had been received from Her Majesty's 
Government. But there would stiU remain a deficiency of 
about £32,000 ; and this would be met by an increase in the 
ad valorem duties of Customs, and in the import duties on 
spirits. The duty on rum would be raised to 9s. per gallon, 
that on other spirits to 128. ; and the ad valorem duties would 
be thus fixed : On wine, 15 per cent. ; on other goods, except 
tea and sugar, 10 per cent. ; and on tea and sugar (as at 
present), 5 per cent. The ordinary revenue of Port Phillip, 



Governor Qippa. 81 

though rapidly increasing, was still insufficient to meet its 
expenditure ; but this must always be the case during the 
early years of any new settlement; on the other hand, the 
revenue derived from the sale of Crown lands had been 
wonderfully productive, and had contributed very largely to 
the means of keeping up immigration. The probable necessity 
of setting a limit to the increase of the charge for ecclesiastical 
establislmients, adverted to last year, had been perceived by the 
Secretary of State, and a communication on the subject would 
be submitted. The estimate for schools was framed upon the 
system which had been followed since 1836, notwithstanding 
that it was considered faulty by him (Sir Geo. Gipps). 

The Governor's views on the subject of education were 
submitted in a separate minute, wherein he stated that 
the prevailing system was, though apparently based on the- 
principle of equtality, very unequal in practice. The rule was. 
that the assistance given to any school should be measured by 
the sum raised for its support by private contribution ; but this 
principle had been departed from in favour of certain schools, 
because of their longer establishment. Under this rule, too, 
every religious sect was anxious to have its own separate 
schools; and as a consequence many more schools were 
established than were in a thinly-scattered population required, 
or could be efficiently supported. The Governor declared his. 
readiness to introduce a better system, whenever it might be 
called for by the advancing progress of public opinion ; and 
affirmed his belief that the only way in which education 
could be extensively advanced in the Colony would be by 
instituting Government Schools, from which no persons should 
necessarily be excluded by reason of their religious persuasion, 
and by giving to no other schools whatever any assistance 
from Government. 

A Custom Duties Bill and a Colonial Spirit Duties Bill, 
giving effect to the tariff propositions contained in the 
Opening Speech, were passed on the 15th and 29th Septem- 
ber respectively. 

On 24th September, the Council adopted an Address of 
Congratulation to Her Majesty the Queen, and the Prince 
Consort, upon the occasion of the Royal Marriage. 

The^Appropriation Bill was passed on the 16th October. 
A protest against the Colony being charged with the whole 
expense of the Police and Gaol Establishments, signed by 
Sir John Jamison and Mr. Blaxland, was transmitted to the 
Secretary of State. 



62 New South Wales. 

A resolution by Mr. James Macarthur relative to the 
erpenditure of the Police and Graol Establishments was, on 
6th October, considered in Committee. It was to the effect 
that free labour, if introduced to the extent required to meet 
the wants of the Colony, would be less expensive, and 
infinitely more productive than convict labour, to say nothing 
of the moral evils of one system or advantages of the other. 
The Council divided equally on the resolutions — 6 to 6. The 
resolution was negatived by His Excellency's casting vote. 

On the 7th October, resolutions by Mr. Macarthur wotc 
severally adopted to the effect : That the parent State ought 
in justice to bear at least one-half of the expenses attendant 
on the Police and Gaol Establishments, which were raised to 
their present large amount chiefly through the introduction 
of a convict popidation into the Colony ; that the Council had 
reluctantly consented to so large an expenditure for the sup- 
port of those establishments since 1835, solely from a con- 
viction that it would not be justified in declining to make 
provision for the maintenance of the public tranquillity and 
safety, and that by the appropriation of so large an amount 
(about £597,000) of the Colonial Revenue for the before- 
named period, every branch of the productive industry in the 
Colony was in danger of falling into decay, to the great loss 
and injury both of the Colony and of the parent state. 

On the same day a series of resolutions by Mr, Macarthur 
came on for discussion. The first of these — ^to the effect that 
the period had now arrived when the true interests of the Colony 
would be most effectually promoted by the discontinuance of 
transportation — was withdrawn. The remainder set forth 
that the effect of introducing expirees from Norfolk Island, 
or other penal settlements, inflicted moral injury on the 
Colony, and represented to the Secretary of State the desire 
of the Council that strict prohibitory measures should be 
enforced ; and were adopted without division. 

An Address to Her Majesty the Queen, on her late escape 
from assassination, expressing congratulation at the aversion 
of the threatened national calamity was adopted on 23rd 
October by the Council. 

A Census Bill was, on the 23rd October, read, a third time, 
and passed. 

On the 16th July the question of Immigration was referred 
to a Committee for report. They brought up their report on 



Governor Oipps. 83 

2nd September. On 23rd October resolutions^ founded on 
the Report, moved by Mr. Jones, were adopted. They were 
to the effect that the Council concurred in the recommenda* 
tion of the Committee ; that there was throughout the Colony 
ample employment for immigrants at remunerative rates; 
and that the wide extent of unoccupied fertile lands in the 
Colony, embracing every variety of eoil and climate, afforded 
a most advantageous outlet for the superabundant popula* 
tion and capital of the mother country, and was capable» 
under careful management and a judicious application of 
the proceeds, of greatly assisting to provide that supply of 
labour upon which essentially depended the progressive 
and complete development of the dormant resources of the 
Colony. 

On the 14th December an Address to Her Majesty wm 
adopted in reference to the Boyal instructions of 22nd May, 
published in the Government Gazette of 9th December. 
[These instructions defined the territory of New South 
Wales — ^for all purposes connected with the disposal of 
land — ^into three Districts, to be called the Northern, Middle, 
and Southern Districts. The Northern District comprised 
the lands lying north of the Manning River. The Southern, 
or Port Phillip District, comprised all lands south of the 
Murray ; while the Middle or Sydney District comprised the 
intermediate lands.] The Address stated '' That the present 
lELstructions of Your Majesty may lead to the separation fsom 
the Central division of this Colony of several extensive and 
important districts, the retention of which we are persuaded is 
essential to its prosperity and future greatness." In addition to 
those objections of a public nature which existed, any proposal 
to detach from the existing Goveamment those districts, and to 
place them under a totally different system of management, 
could not be carried into effect without seriously disturbing 
the establishments and deteriorating the properties of a 
numerous class of colonists who leaded the lands in ques- 
tion, the granting of which had been regulated and 
sanctioned by Acts of the Colonial Legislature. No dis- 
satisfaction was entertained with the presumed intention 
of Hot Majesty to establish other Colonies on the shores 
of Australia; the sole anxiety of the petitioners, and the 
object of the Address, was that the establishment of the 
contemplated settlements might be so conducted as not to 
encroach upon those boundaries to which it was the 
unanimous opinion of the Council the inhabitants of the 



84 New South Wales. 

Colony could advance a natural claim, and which it was 
desirable permanently to establish. They therefore requested 
that Her Majesty appoint that the southern boundary of the 
Central Colony of New South Wales might be a line drawn 
from near Cape Howe to the source of the River Hume or 
Murray, and from thence the course of that river itself until 
it reached the 141st degree of east longitude ; and that the 
northern boundary might be the 28th parallel of south 
latitude from the sea-coast to the same 141st degree of 
east longitude. 

On the 16th December the Council adjomned sine die. 

The Session of 1841 opened on 8th June: Mr. Roger 
Therry, acting Attorney-Grcneral of New South Wales, was 
sworn as a member. 

The Governor, in his Speech, stated that the New South 
Wales Act having been renewed for another year, they were 
again called on to provide for the Legislative wants of the 
Colony. Her Majesty had erected the islands of New Zealand 
into a separate Government ; and documents respecting the 
separation of the two colonies would shortly be laid before 
the Council. A Court of superior jurisdiction had been 
established at Port Phillip ; Circuit Courts at Bathurst, Ber- 
rima, and Maitland ; and Courts of Requests in a considerable 
number of the minor towns of the Colony. A Census had 
been taken of the population, the results of which would, as 
soon as possible, be laid before the Council. The Colony con- 
tinued to advance in a gratifying and encouraging manner. 
Steam navigation had greatly increased, immigration had 
been continued in a copious stream, and the streete of Sydney 
were lighted by gas. But, notwithstanding, the past few 
months had been anxious ones for the colony, and the 
exercise of patience, industry, mutual forbearance, and 
economy, were required of all ; with these, however, the 
diflEiculties would easily be surmounted. The commercial 
embarrassments which first showed themselves in Sydney in 
October or November last did not affect the public income 
of 1840 ; the revenue of that year was, indeed, the largest 
ever collected in the colony — the gross receipts having 
exceeded the gross expenditure by £120,000, notwith- 
standing that in the expenditure was included very nearly 
£150,000 for Immigration. The ordinary revenue of the 
Port Phillip district was more than double that of the 
preceding year, it having increased from £14,008 in 1839 to 



Governor Qlpps. 85 

£29,799 in 1840, whilst the sale of Crown Lands in that 
district brought to the general Land Fund the large amount 
of £217,127. The pecuniary diflEiculties under which many 
interests in the Colony were still suffering might naturally 
be expected to affect the revenue of that year (1841) ; the 
falling off, however, was as yet only sensibly felt in that 
branch of it derived from the sale of public land. The 
difficulties might safely be said to have arisen from excessive 
speculation, and an undue extension of credit ; they seemed 
to be of the nature of those which periodically occurred in 
all places where commercial adventure was eager; and a 
remedy for them was to be looked for in the natural course 
of events rather than by legislative enactment. A few of 
the circumstances contributing to bring about the existing 
conmiercial embarrassments might be pointed out : The 
scarcity of 1838 and 1839 caused a great drain from the 
colony, and produced excessive fluctuations in the price of 
grain ; the decline in price of wool lessened the value of 
Colonial exports in the Home market; the excessive 
consignment of goods to the Colony by speculative mercantile 
houses in England produced a depreciation in the value of 
nearly every species of merchandise; the necessity for 
disposing of these goods contributed to the undue extension 
of credit, whilst the rapid influx of capital into the colony 
might have had a tendency to encourage hazardous specula- 
tions, and the employment of money in investments not 
yielding any immediate return. A more abundant supply 
of labour was still required in the colony; and the Committee 
on Immigration would at once be reappointed. The 
Pinancial Papers for the year would shortly be submitted. 

The Returns furnished by the Agent for Immigration 
showed that in 1840 the number of persons who had arrived 
in the territory was 8,536. Of these 543 were unassisted ; 
the remainder arrived in ships chartered by the Government, 
or were brought out on bounty. There was an increase of 
1,250 persons in immigration to Port Phillip, a decrease of 
4,082 to Port Jackson, and a total decrease to the Colony of 
2,832. 

On the 22nd June the Abstract of Revenue for 1840 was laid 
before the Council by the Governor. The Ordinary Revenue 
amounted to £310,468 9s. 9d. ; that arising from Crown 
Lands to £340,658 6s. 8d. ; special receipts to £31,346 15s. 3d. ; 
total receipts, £682,473 lis. 8d. A balance from 1839 of 
£144,759 18s. 3fd. increased the Revenue to £827,233 9s 



86 New South Wales. 

llfd. The disbursements (ordinary) amounted to £3^,733 
19s. 10:J^d. ; that chargeable on the Revenue arising from 
Crown Lands to £156,760 Is. l(>Jd. ; special payments to 
£43,529 8s. 3d. ; total disbursements to £561,023 98. 11^. 
A balance therefore remained at the close of 1840 of 
£266,210 Os. Oid. 

On 6th July the Governor read a minute explanatory of 
the Finances of the Colony and of the Estimates for 1842. 
The Council was congratulated on the marked increase which 
occurred in the Revenue during 1840. The ordinary 
Revenue of that year showed an increase of 31 per cent, on 
the Revenue of 1839 ; while the Crown Revenue showed an 
increase of more than 100 per cent. Before passing to the 
consideration of the Estimates for 1842 it was deemed 
necessary to remind the Council that the year 1840 was one 
in which speculation of every sort was pushed to an extent 
which failed not to bring after it a re-action under which the 
Colony was then labouring. That re-action had already 
affected the land revenue, and would probably affect, also, 
the ordinary revenue in a greater degree in 1842 than it had 
yet done in 1841. The Estimates for 1842 (exclusive of Port 
Phillip) were £334,453 17s. lOd. ; being nearly £14,000 less 
than those for the current year. Though the Revenue would 
probably be less productive in 1842 than it was in 1840 it 
was hoped that the deficiency would be made good by the 
produce of the increased duties imposed by the Customs Acts 
of last Session, which did not come into operation till the 
close of 1840. 

On the same day Sir George Gipps read a minute on the 
subject of Education. He said that last year he had pre- 
sented a minute showing that the Government was by no 
means bound to adhere to a system which it considered faulty, 
and which had been forced upon it only by a concourse of 
adverse circumstances. The principal object of the present 
minute would be to expose still more clearly the disadvantages 
and abuses of the present system, and to show that the time 
had arrived when either a new system should be adopted 
or some effectual corrections applied to the existing one. The 
Council were aware that the Primary Schools were established 
upon two distinct principles. In those established prior 
to 1836 the teachers' salaries were paid and the school build- 
ings were provided for by the Government ; further aid was 
also afforded, under the name of head money, at the rate of 
^. per diem for every child whose parents were supposed to 



Governor Oippa. 87 

be unable to contribute towards its education. The schools 
established since 1836 were formed on what was familiarly 
called the half-and-half principle — ^that was, the Government 
paid towards the support of each school a sum equal to that 
raised by the contributions of individuals. The condition of 
the educational institutions of the Colony was then reviewed 
at length. The Governor then stated that it was not his 
intention in the present state of the Colony to bring forward 
any new proposal for a general system of education; a. 
comprehensive STOtem could only be rendered efEicient by 
bei4 made an Administration of the Government, and l 
measure of that nature he was not at present prepared to re- 
commend. All the Government could at present attempt was 
to check the abuses of the present systems, and to equalise the 
assistance given to different schools by fixing a maximum 
head per diem, beyond which no aid should be given. 

On 3rd August the Governor laid before the Council the 
Estimates for 1842 for the district of Port Phillip, and read 
a minute explanatory thereof. The Estimates for 1842 
amounted to £89,974 19s. 8d. ; of this £19,125 12s. Id. was 
chargeable on the land fund, leaving £70,849 7s. 7d. to be 
provided for out of ordinary Revenue. Large as was the 
proposed outlay of above £70,000 for so small a population 
(barely 12,000), the Superintendent of Port Phillip (Mr. La 
Trobe) considered that his revenue would be adequate to 
meet it. His estimate was £68,200, leaving a sum to be 
taken from the Land Pund of only £2,649 7s. 7d. A Sup- 
plementary Estimate for the present year, on account of Port 
Phillip, to the amount of £12,935 8s. lid., was submitted. 

The Estimates having passed through committee, the Ap- 
propriation Bill was introduced on 25th August, and passed 
on 8th September. A protest against the Police and Gaol 
expenditure, signed by Sir John Jamison and Mr. Blaxland, 
was transmitted to the Secretary of State. 

The Governor, on 28th September, laid several important 
Despatches before the Council. The first of these acknow- 
ledged the receipt of the congratulatory address of His 
Excellency and Council to Prince Albert on his nuptials with 
Her Majesty the Queen. Also the receipt of the Address of 
Council congratulating Her Majesty on her recent escape 
from assassination. A Despatch was also submitted from 
Lord John Russell, relative to the resolutions deprecatory of 
the admission into the Colony of expirees from Norfolk Island, 



88 New South Wales. 

and stating that if it had been known in the Colony at the 
period when they were passed that Her Majesty's Grovem- 
ment intended that all convicts transported from Norfolk 
Island should be sent from thence to Van Diemen's Land 
immediately before the expiration of their sentences, it 
would have dispelled the apprehensions entertained by the 
colonists. Despatches were also laid before the Council 
notifying the disallowance of the " Claims to Grants of Land 
in New Zealand Act/* in consequence of the erection of New 
Zealand into a separate Government ; and directing that a 
new law should be framed on the model of the former, 
except where the altered circumstances of New Zealand 
rendered any deviation from the form of the Act necessary. 

On 30th November a proposed Bill to secure on the 
ordinary Revenues of New South Wales the payment of 
debentures to be issued in support of Immigration, was 
referred to a committee. The committee brought up its 
report on 14th December. On 21st December, on motion of 
Mr. James Macarthur, a series of resolutions concurring in 
the recommendations therein made were adopted. They 
averred that the Colony had a just claim to the immediate 
reimbursement of about £40,000, advanced from the Land 
Fund of New South Wales to establish British authority in 
New Zealand ; and requested the Governor to draw for the 
amount on the Lords Commissioners of the Treasury, with a 
full reliance that, under the existing circumstances of the 
Colonial finances, such a course would meet with the sanction 
of Her Majesty's Government. The issue of Debentures to 
the amount of not more than £160,000, to meet the payment 
of immigration bounties, secured on the Land fund, and bear- 
ing interest at 8 per cent, and with liberty to the holder to 
use them at any time in payment for land, was recommended. 
Further, that the Governor be requested to open for auction 
sale land in the Moreton Bay and Clarence River districts, or 
in the neighbourhood of Melbourne, Williams Town, G^elong, 
and Portland, as might seem most advisable, under a full 
assurance that such a measure would not only be the means 
of raising a large amount of revenue, but be conducive also 
to the general welfare of the Colony. Also, that the Council 
concurred in the recommendation of the Immigration 
Committees, which sat in 1838 and 1839, that it was highly 
expedient to adopt the measure for a loan to be raised in 
England for the pui-poses of Immigration. 



Governor Gipps. 89 

A Bill to repeal so mucli of the " Blasphemous &nd Sedi- 
tious libels Act*' as related to the sentence of banishment 
for the second offence, was passed on 3rd January. 

On 3rd January, 1842, the Council adjourned sine die. 

The Council again met on 10th May following. Mr. Francis 
Lewis Shaw Merewether was sworn as clerk. 

The Grovemor in his Opening Speech informed the Council 
that he had called them together at an earlier period than 
usual in order to lay before them, in an amended form, 
several Bills which had been withdrawn in the previous 
session. One of these was the BUI to incorporate the 
principal towns of the Colony by means of charters or letters 
patent. Instead of one Bill, as originally proposed, two 
Bills had been prepared, by one of which, if passed into a 
law, the town of Sydney, and by another the town of Mel- 
bourne, would be incorporated without the issue of a charter. 
A Bill to authorize the election of directors of police and 
pubHc works would also be submitted. In dealing with this 
latter measure the Governor desired to press upon the Coun- 
cil these considerations : So long as the expense of police, 
public buildings, roads, bridges, and other similar works 
continued to be defrayed out of a general fund there was a 
desire on the part of each district to get for itself as large a 
share of that fund as possible ; each had consequently a ten- 
dency to be extravagant, and it required the utmost firmness 
on the part of the central authority to prevent extravagance 
throughout the whole. When, on the contrary, each town or 
district defrayed its own expenses, it became the evident 
interest of each to avoid extravagance, and to spend no more 
of its own money than was absolutely necessary. It was not 
proposed at once to throw on each district the whole expense 
of maintainiBg police, or of constructing public works within 
it ; but it seemed to be most essential that assistance from the 
Government should be proportioned to the sum locally raised, 
in order to create an economical expenditure. The ordinary 
Bicvenue of the Colony was in 1841 the largest ever collected 
in New South Wales ; the Land fund had, on the contrary, 
dwindled away in a remarkable degree. In the year 1840 it 
produced £316,000; in the year 1841 only £90,000; and 
during the first quarter of 1842 it had yielded no more than 
£4,000. The reduced state of the Land fund had caused the 
Governor in December last to seek the advice of the Council 
as to the best way the engagements could be met which the 
Government had entered into for the importation of immi- 



90 New South Wales. 

grants. The adyice then tendered had been followed. The 
Lords of the Treasury had been drawn upon for the amount 
advanced out of the Crown revenue for the service of New 
Zealand ; and debentures, the redemption of whi<;h had to be 
provided for, had been issued to the amount of about £65,000. 
The rise in the bounties on immigration had given a great 
impetus to the introduction of labourers into the Colony ; 
26,546 souls had in less than eighteen months been added to 
the population at an expense of about £468,000, the whole 
of which amount had been paid out of the revenues of the 
Colony, with the exception of the sum due on debentures, 
and a further one of perhaps £10,000 still to be paid in. 
England. An apprehension, happily unfounded, had been 
created in England that the large emigration going on from 
the United Kingdom would occasion a heavy demand from 
the Colony on the mothejr country for assistance. The chief 
exciting cause of the late mania for speculation was that for 
several years preceding 1840 capital was poured into the 
Colony fester than, for want of labour, it could be safely 
employed ; consequently it passed into the hands of persons 
willing to engage in hazardous speculations. This facility of 
obtaining borrowed money was greatly increased by the 
establishment of new banking companies with large capitals 
(some of them furnished from England) which could oidy be 
employed in the discounting of bills. The abundance of 
money thus created caused a rapid rise to take place in 
almost every species of Colonial property ; and in tiie delu- 
sive hope that this rise would continue to be a progressive 
one numbers were led to their ruin. These speculations 
were at their height during 1839 and 1840. They were first 
checked by the discussions of Council in 1840 on the pro* 
posed insolvent law ; and the revulsion which had since so 
grievously shaken the colony commenced before a single 
emigrant ship arrived under the new bounty r^ulations. 
So that the idea which seemed to have prevailed in England 
that an over issue of bounty orders led to the late commer- 
cial depression was clearly an unfounded one. The Immi- 
gration Committee of the Council — now almost a standing 
one — would be revived ; and the financial papers, as soon aa 
complete, would be submitted. 

The Counfcil on the 17th May adopted a congratulatory 
address to Her Majesty and His Royal Highness Prince 
Albert on the birth of His Royal Highness the Prince of 
Wales, the heir apparent to the Throne. 



Gmernor Gipps. fli 

The Abstract of B.eyenue for 1841 showed the total receipts 
(including those from Port Phillip) to be £373,655 Is. 6fd. ; 
Aeyenue derived from Crown Lands, £120,325 3s. 6d.; special 
receipts, £3,322 lis. lOd. — ^total revenue (inclusive of a 
balance from 1840 of £266,210 Os. OJd.), £763,612 16s. lid. 
The ordinary disbursements amounted to £390,065 8s. 7^. ; 
those chai^eable on the Crown Lands Revenue to 
£342,232 6s. 7id. ; special payments,^ £24,283 Is. 2d. — 
total disbursements, £756,550 16s. 4fd. ; leaving a credit 
balance of £6,932 Os. Q^. 

On 17th May, the Immigration Report was laid by the 
Governor before the Legislative Council. From this it ap- 
peared that, during 1841, a total number of 23,200 immi- 
grants arrived in the Colony, 8,548 of whom where landed at 
Port Phillip, the remainder at Sydney. Unassisted immi- 
grants numbered 3,677 ; those brought out on bounty, 19,623. 

The Estimates for 1843 were laid before the Council by 
the Governor on 26th July, when the usual financial minute 
was read. After reviewing the state of the Revenue in 
1841, the Grovemor said that, in the address delivered to the 
Council on the first day of the session, he had stated that the 
great expenditure on account of immigration had not only 
exhausted the Colonial Treasury, but that in order to meet 
the deficiency it was in contemplation to issue debentures to 
the amount of £65,000. He had now, however, the satis-- 
&ction of stating that the amount of debentures in circula- 
tion was only £49,500, and that the outstanding balance 
against the Colony on account of immigration was supposed 
to be under £10,000 ; consequently the whole deficiency of 
the Land fund was less, than £60,000. On the other hand, the 
Government had balances in its favour which amounted to 
£39,000, and the expenditure of Government, immigration 
being suspended, was now well within its income. The 
Estimates for 1843 amounted to £370,858 148. 3d., being less 
by £47,278 14s. 3d. than those which were voted by the 
Council for 1842. Assuming the Revenue of 1843 to be 
equal only to that of 1841, viz., £403,592 8s. 2d., and the 
expenditure to be a» estimated, there would be a surplus of 
Revenue over Expenditure in 1843 of £32,733 13s. lid. 

The consideration of the Estimates in Committee having 
been comjdeted, the Governor on 18th August introduced 
the Appropriation Bill. This was passed on 30th August. 
With it were transmitted to the Secretary of State protests 



92 New South Wales. 

by Sir John Jamison and Mr. John Blaxland against the 
Estimate for police and gaol establishments. 

On the 9th September, the Report of the Committee on 
Immigration having been brought up and considered, a series 
of resolutions founded thereon was adopted. The resolutions 
set forth that it was expedient to negotiate a loan on the 
security of the unsold Crown Lands of the Colony for the 
purposes of immigration. Though the Land fund had for 
the time declined, the vast tracts of land must form a fully 
adequate basis of security for any loan of reasonable, amount. 
On grounds fully detailed in the resolutions the Council 
relied on the assistance of Her Majesty's Government in 
raising a loan on the most advantageous terms to the Colony. 
These resolutions were to be transmitted to the Secretary of 
State. 

Acts incorporating and declaring the town of Sydney to 
be a city, and incorporating the town of Melbourne, were 
passed during July and August of this Session. 

The Council on 9th September adjourned sine die. 

The Session of 1843 commenced on 24th January, The 
Governor announced in his Opening Speech that an Act of 
the Imperial Parliament, passed in the last session for the 
better government of New South Wales, had been oflGlcially 
received on the 1st, and proclaimed in the colony on the 5th, 
day of January. This Act directed that all necessary pro- 
visions should be made by the Coimcil for giving effect to 
the Imperial enactments under which a new legislative body 
was to be constituted in the colony ; and the Coujicil had 
been summoned as early as convenient to the performance of 
the duties thus confided to them. The passing, therefore, of 
the Bill to be submitted would be the last duty which, as 
members of that Council, they would have to perform for 
the Colony of New South Wales ; in doing it they would in 
fact bring their own political functions to a close. Yet it 
was a subject for congratulation that New South Wales was 
about to receive a form of Government such as the Imperial 
Parliament had judged to be well suited to the station it 
held among the British Dependencies, and that the privilege 
of sending representatives of their own choice to their local 
Legislature had been conceded to the people of the land. 

The Act of the Imperial Parliament, intituled " An Act 
for the better government of New South Wales and Van 
Diemen's Land," was then laid before the Coimcil. By it a 



Governor Oipps. 93 

Legislature of one House was constituted, to consist of thirty- 
six members, of whom six were to be Government officers, six 
Crown nominees, the remaining twenty -four to be elected by 
the people — viz., eighteen for New South Wales proper, and six 
for Port Phillip. The franchise was a £20 rental, or a freehold 
of £200 in value ; and the qualification for elective members 
was property to the amount of £2000, or of £100 yearly value. 
Provision was also made for local government in different 
parts of the Colony by means of District Councils, which 
should have power to -make and maintain public works and 
buildings ; to raise the means of defraying expenses con- 
nected with the administration of justice ; to provide for the 
support of schools and kindred institutions ; and for other 
matters specially subjected to their direction. Schedules 
were annexed to the Act providing for the yearly payment 
of £51,600 for the heads of the Executive and Administra- 
tive Departments (Schedules A and B) ; and of £30,000 for 
Public Worship (Schedule C). 

A Bill to provide for the division of the Colony into 
Electoral Districts, and for the election of Members to serve 
in the Legislative Council, was read a first time on the 24th 
January. On the 23rd February, having gone through its 
intermediate stages, it was finally passed. The Council then 
terminated its sittings. 

The elections having all been completed, the new Coimcil 
met on 1st August, 1843. The Colonial Secretary (Mr. 
Edward Deas Thomson) read a message from the Governor 
authorizing him to administer the oath ; and reminding the 
Council that it was directed that they should elect one of their 
number as Speaker. The candidates proposed for the office 
of Speaker were Mr. Alexander McLeay and Mr. Edward 
Hamilton. Mr. McLeay was elected by a majority of 17 to 
13, and on the following day was presented to the Governor. 

On 3rd August the Governor delivered his Opening Speech. 
He congratulated the colony very sincerely on the introduc- 
tion of popular representation into the Constitution, and 
heartily welcomed to that Chamber the first representatives of 
the people. The period at which they entered on their func- 
tions was one of acknowledged difficulty ; it was, therefore, 
the more grateful to him to have his own labours and 
responsibilities lightened by their co-operation and assist- 
ance. He should most readily concur with them in any 
measures which were calculated to develop the resources of 



94 ISfew Scntk Wales. 

the colony by calling into action the enei^es of the 
people, taJang care, however, to proceed on sure principles, 
and not overlooking the great truth that the enterprise 
of individuals was ever the most active when left as far be 
possible unshackled by legislative enactments. Great as 
undoubtedly were the embarrassments under which numbecs 
of the colonists were labouring, it was <M)nsolatoiy to think 
that they were not of a nature permanently to injure the 
community. The Estimates for 1644 would shortly be 
brought under consideration ; advantage would be taken of 
that occasion to make a clear exposition of the financial state 
•of the C!olony. The despatch &om the Secretary of State, in 
which the intentions of Her Majesty w^re explained in 
respect to the Act under which the Council met, would be 
submitted. He would offer no comment upon it further than 
to advert to the fact that to them singly had been confided by 
the Imperial Parliament powers which, in some older colonies, 
were divided between two separate bodies. The Council was 
composed of three elements: The Bepresentatives of the 
People ; the official Servants of Her Majesty ; and of inde- 
pendent gentlemen — the unofficial Nominees of the Crown. 
There should be no rivalry between these, save which should 
in courtesy excel the other, and each of them should devote 
himself most heartily to the service of. the country. 

Mr. Richard Jones, a non-elective member of the Council, 
on the 3rd August took his seat. Mr. John Hubert Plunkett 
(Attomey-Geneml), a non-elective member, on 8th August 
took his seat, vice Lieutenant-Colonel Barney, Colonial 
Engineer, resigned; Mr. Alexander Thomson, an elective 
member for the district of Port PhiUip, also was sworn in on 
8th August* 

The Address in Beply to the Governor's opening Speech was 
adopted on the 8rd, and presented to His Excellency on 8th 
August. 

A motion by Dr. Lang — ^That the business of Parliament 
should be commenced each day by an invocation of the 
Divine blessing — was on 10th August n^atived by 19 to U. 

A Message from the Governor with the Estimates of Ex- 
penditure, and a Statement of Ways and Means for 1844, was 
received and read on the 23rd August. Sir George Gipps stated 
that although during 1842, and indeed up to the end of the first 
quarter of 1843, the Revenue had maintained itself in a 
manner surpassing expectation, there had lately been a 
falling off in its productiveness which was calculated to 



. Governor Oipps. 96 

excite a very Uvely solicitude, and must command a con- 
tinuance of the most rigid economy. The diminution of 
Bevenue in the first quarter of that year (1843) as compared 
with the same quarter of 1842, was only £3,742 9s. 6d. ; but 
in the second quarter it amounted to the large sum of 
£19,203 14s. 2d. ; and it was greatly feared that the defici- 
ency on the whole year woiild be found to be not less than 
£50,000 or £60,000 — it might even be considerably more. 
The RevOTue for 1842 was— ordinary, £367,213 16s. 9d.; 
Crown (exclusive of Land fund), £46,942 lis. 5d. : Total, 
£414,156 8s. 2d. — an excess of more than £79,000 over the 
estimate, and of more than £10,000 over the Revenue of 
1841. On the other hand the Land fund had so fallen off 
as to be insufficient to meet even the expenses of the Survey 
Department. The charges on the Land fund for 1842 were 
(exclusive of immigration, which was now'suspended) £46,242 
18s. 7d., and the produce of land sold only £14,574 lOs, 4d.; 
there vras a surplus in the ordinary Revenue of £75,133 15s. 
9d., and a deficiency in the Land fund of £31,668 8s. 3d., leav- 
ing a real surplus of £43,465 7s. 6d. Passing to the Estimates 
for 1844, their gross amount was £330^493 Is. 5d., being 
£40,362 13s. Id. less than those for 1843. The expense of 
school establishments was inserted in the present . Estimates, 
though the maintenance of schools was to be provided for in 
future by the District Councils ; the item had been inserted 
in the apprehension, that the District Councils might not be 
sufficiently organized before the close of 1844 to take the task 
on themselves. The debentures which remained outstanding, 
to the amount of £21,600, constituted the only debt of the 
Colony. Some unadjusted accounts yet remained in respect 
to immigration, but it was supposed that the Com- 
missioners of Colonial Lands and Emigration had in their 
hands moneys belonging to the Colony sufficient to meet any 
just demands which coijdd be brought against them of that 
nature. 

On 24th August Mr. Windeyer noioved for a Select 
Committee to consider the means of staying the further evil 
consequences to be apprehended from the monetary confusion 
lately and still prevalent in the Colony. The motion next 
day passed ; and the Committee brought xcp their report on 
28th October. It stated that the Committee had not 
thought it necessary to advert to any but the monetary 
measure of relief in the power of the Colonial Legislature 
to adopt. It appeared by the evidence that the evils of the 



96 New South Wales. 

current crisis had been much aggravated by the necessity 
which the different banks of the Colony had been under, for 
two years past, of materially lessening their discounts on 
new transactions, and of thereby diminishing the amount of 
their notes in circulation, and the other accommodation 
afforded by them to the public. This, joined to the general 
loss of private credit, and consequent annihilation of the 
" orders " of individuals, which used to form so prominent a 
feature in the circulating medium of country districts, had 
gone far to strip many parts of the Colony of all currency. 
An unavoidable result had been to reduce the selKng price 
of property to a mere nominal rate. In a new country, 
remote from the focus of the commercial world, where the 
majority of transactions were carried on upon credit, the 
consequences of this state of things were necessarily more 
disastrous than in older countries. The Committee, therefore, 
recommended the intervention of the credit of the Colony in 
favour of all those who were in a position to give adequate 
security. Apian, known as the pfandbriefe system, in opera- 
tion in Prussia for many years, was then described and recom- 
mended by the Committee. This consisted of the creation of 
Land Boards. A landed proprietor, wishing to raise money 
upon his property, applied to a Land Board, which agreed to 
lend him the credit of the State for one-half its valuation. 
The landowner mortgaged his property to the Board, which 
then gave him a pledge-certificate. Interest, made payable 
half-yearly, was to be received by the holder of this certificate. 
The issue of notes was likewise recommended. Instead of 
the notes being issued at the will of the Government, it might 
be allowed to each mortgagor to claim from the Land Board 
a portion of such notes, in lieu of pledge-certificates, which 
notes should be a legal tender all over the Colony, and should 
necessarily form half of every sum paid to the Government, 
except for the purchase of land, and be convertible into coin 
at the Treasury on demand. Such a combination of the two 
parts of the Prussian system was recommended, not as a 
panacea for all the distress of the Colony, but as affording a 
means by which the credit of the community might be safely 
interposed ; as well to stay the progress of the ruin which 
threatened so many as partially to place the currency of New 
South Wales on a more stable foundation. 

On 7th November Mr. Windeyer obtaiaed leave to bring 
in a Bill founded upon the report, "to restore public 
confidence, and to provide for and regulate the issue and 



Gofoemor Gipps. 97 

lending of Land Board notes and pledge-certificates, and for 
other purposes therein contained/* On 22nd Novemher an 
amendment on the motion for the second reading, to the 
effect that the Governor be requested to hold a conference 
with the Council, with the view of devising suitable measures 
of relief under the exigencies of the Colony, was negatived 
by 15 to 7. The BiU then passed its second reading by a 
majority of 14 to 8. On 6th December the third reading 
was passed by 11 to 9, a motion shelving the third reading 
for six months having been negatived by 11 to 9. But on 
12th December, the Speaker reported that the Grovemor had, 
on behalf of Her Majesty, withheld assent from the Bill. 

The Appropriation Bill was passed on the 2lst December. 
A Customs Duties Bill was passed and reserved on 22nd 
December. Pixed duties were substituted for ad valorem 
duties on certain articles; duties on spirits, imported and 
colonial, were reduced to one-half their current amount. 
** An Act to give a preferable lien on wool from season to 
season" was passed on 15th September. 

On 28th December the Governor prorogued the Council. 
In releasing the members from further attendance, Sir George 
Gipps congratulated them on the close of their first session. 
During the course of it attention had necessarily been called 
to matters which, being of an initiatory nature, would not 
recur in future years. Much time had also been spent in 
inquiring into the state of the Colony, and in endeavouring 
to devise measures to relieve the monetary pressure. After 
the most painful consideration he had been forced to the 
conclusion that the Colony could not, by any direct legislative 
enactment, be relieved from the burden under which it 
laboured ; and that it was only by the general tendency of 
their measures that the Legislative and Executive authorities 
could aid individuals in the efforts which were necessary for 
the recovery of their affairs. However great might be the 
diflS.culties of individuals it was consolatory to reflect that 
the real sources of wealth and prosperity remain unimpaired; 
that the great staple commodity of the Colony still com- 
manded a remimerative price; and that industry and frugality 
would not, under the protection of wise laws, fail of their 
reward. 

On 5th March, 1841, the Coimcil met, pursuant to pro- 
clamation, when a Message from the Governor was read 
stating the reason why he had called an extraordinary 
meeting of the Council. This was that he might lay before 

a 



98 New South Wales. 

them the project of a law to protect certain magistrates of 
the territory from prosecutions to which they had become 
liable by a recent judgment of the Supreme Court, wherein 
it was declared that their jurisdiction within the County of 
Cumberland was terminated on 2nd January, 1843. The 
Bill, indemnifying the magistrates, was passed on the 7th 
March ; a Licensing Bill, and a Distillation Laws Amend- 
ment Bill were also passed ; and on' 8th March the Governor 
prorogued the Council. 

The Session of 1844 commenced on 28th May. Sir Thomas 
Livingstone Mitchell and Mr. Adolphus William Young 
took their seats as elective members of the Council for Port 
Phillip, in the room of Mr. C. H. Ebden and Mr. Alexander 
Thomson, resigned ; and Mr. Joseph Phelps llobinson took 
his seat as elective member for Melbourne in the room of 
Mr. Henry Condell, resigned. 

The Governor, in the Opening Speech, announced that 
during the recess an addition of nearly 2,500 immigrants had 
been made to the population. Notwithstanding the pecuniary 
distress which had so long prevailed in the colony there was 
nothing in the state of the finances to create alarm. The 
decrease in the Revenue had been very large in the second 
half of the past year, but the ordinary Expenditure for the 
whole year did not exceed the ordinary Revenue, and it was 
the territorial Revenue of the Crown alone which was 
encumbered with a debt. This debt had been necessarily 
increased by the late partial renewal of immigration; but 
the terms on which the requisite funds had been obtained 
might be considered favourable. The Financial Papers for 
the year would, without delay, be laid before the Council. 
Anxious consideration would still be given to the means 
whereby permanent relief might be afl'orded to those who 
had suffered by the late reverses. 

The Address in Reply was adopted and presented to the 
Governor on 30th May. 

Mr. Hastings Elwin was again elected Chairman of 
Committees. 

On 29th May, Mr. Charles Cowper moved that Public 
Prayers be offered daily at the opening of the Council, and 
that a Chaplain (a clergyman of the Church of England) 
should be appointed to perform that duty. The resolution 
was negatived by 14 to 8. 



Gaoemor Gippa. 99 

Messages were read on 30th May from the Governor, one 
of which notified that a question had arisen respecting the 
seat in the Council of Sir Manrice Charles O'Connell, Com- 
mander of the Forces. He had signified to the Governor his 
desire to resign his seat ; but had subsequently recalled his 
resignation. The question was whether it was within the 
power of the Lieutenant-General to recall his resignation, or 
whether it must of necessity remain vacant. Next day the 
Council passed a resolution declaring that the seat of Sir 
Maurice O* Council was not vacant. 

The other Message referred to the circumstance that the 
Attorney- General had been inadvertently appointed to 
succeed the Colonial Engineer as an official nominee of the 
Crown ; but as the Colonial Engineer had been appointed to 
a seat in the Council as the holder of an office, and not by 
name, he could not be succeeded by any one except the 
holder of the same office. Doubts might thereby be thrown 
on the legality of all the Acts of the Council. A Bill to 
remove doubts as to the validity of these Acts was, on 30th 
May, introduced. On 5th June an amendment that the 
Bill be read a second time that day six months was carried 
without division. 

The Financial Minute of the Governor was read on 18th 
July. This stated that, in the Financial Minute of the pre- 
ceding year, it had been remarked that the Revenue had in 
that year greatly fallen off, and that a diminution on the 
Revenue of the whole year — 18i3 — was reckoned on of not 
less than £50,000 or £60,000, and possibly of still more. 
The actual diminution had proved to be about £68,500; though 
from alterations in the way of making up the Auditor- 
General's accounts it might seem to be nearly £78,000. The 
ordinary Revenue during 1843 amounted to £294,311 14s. 9d., 
and the Crown Revenue (exclusive of Land Revenue) to 
£45,822 18s. ; the Ordinary Expenditure to £330,035 Os. 2d. 
The Revenue, therefore, exceeded the Expenditure by 
£10,099 12s. 7d. The Land Fund amounted to £10,756 
lis. 6d., and the charges for immigration to £13,854 18s., 
so that the expenses for immigration exceeded the whole 
Land Fund by £3,098 6s. 6d. Passing to the Estimates for 
1845, the gross Estimated ^Expenditure would be £266,875 2s., 
and there was reason to hope that the Ordinary Revenue 
would not fall short of that sum. The Ways and Means as 
prepared by the Auditor-General showed an expected revenue 
of £290,280. No contribution could be expected from the 



982562A 



100 New South Wales. 

Crown Revenue in aid of the Ordinary Revenue during 1845, 
as the whole expense of the Survey Department was thrown 
upon the Crown Revenue, and it was further burdened with 
a debt on account of immigration, which would probably 
amount to from £80,000 to £100,000 by the end of the year. 
An erroneous impression appeared to exist in the Colony that 
the right to appropriate the territorial and casual Revenue 
was ceded in the time of Sir Richard Bourke to the local 
Legislature ; and in a recent address from the Council, allu- 
sion had been made to a " compact" supposed to have been 
entered into in 1835. But there was no record in the 
Colony of such a compact, and to the best of his (Sir Greorge 
Gipps) knowledge and belief, he would in a note appended 
to the Minute explain the circumstances which gave rise to 
such a supposition. A Supplementary Estimate of £13,000 
— a considerable portion of which would be covered by 
savings on the Estimates for 1844 — was also submitted. 

The Message, Estimates, and Statement were considered 
during August and September of the Session. 

The Speaker on 24th July announced the resignation of 
Mr. Hastings Elwin as a non-elective Member of the Council. 
The Clerk having read a commission appointing his suc- 
cessor, Mr. John Bayley Darvall then took his seat in the 
Council. 

A vote of thanks was on 1st August accorded to Mr. Elwin 
for his able discharge of the duties of his late office as 
Chairman of Committees. 

On 2nd August Dr. Nicholson was elected Chairman of 
Committees by 14 to 12. Major D' Arcy "Wentworth was the 
other candidate. 

Resolutions founded on the report from the Select Com- 
mittee on the insecurity of life and property — ^appointed on 
6th June, on motion of Dr. Nicholson — were debated and 
passed on 1st October. They had reference to the convict 
system, and expressed the opinion that an excessive number 
of convicts were assembled in a single building in the city, that 
they should be sent into the coujitry, and that no prisoners 
transported from the Colony to another penal settlement should 
be brought back by the Government. A copy of the resolutions 
was to be transmitted to the Secretary of State for the Colonies. 

A Bill to make further provision respecting the constitu- 
tion, and to define and extend the powers of District 
Councils in the Colony of New South Wales, was introduced 
by the Colonial Secretary, and read a first time on 25th July. 



Ooverfior Gippa. 101 

The Colonial Secretary then moved that the Bill be printed 
and read a second time on August 1st. An amendment 
deferring the second reading of the Bill six months was then 
moved, upon which another amendment was moved and 
carried by 14 to 7 : — 

'^That, in the opinion of this Council, the District Councils are totally 
unsuited to the circumstances of the Colony, the Country Districts being 
unable to meet the additional taxation which would, necessarily, be required 
in carrying out the various objects contemplated by their institution, and the 
cost of the machinery requisite for bringing them into operation, being of 
itself an obstacle fatal to their success ; and that therefore the second reading 
of this Bill be postponed to this day six months." 

On 9th August Mr. Cowper moved the adoption of an 
Address to the Governor setting forth these circumstances, 
and reminding His Excellency that the Council was prevented 
by the Act of the Imperial Parliament 5 and 6 Vic, under 
which it was constituted, from amending the constitution of 
the District Councils in the most important point prayed 
for, especially in the police clauses, which the Council and 
the colonists generally considered the most obnoxious. His 
Excellency was requested to make such a representation to 
the Home Government as should procure a repeal of those 
clauses of the Act which had reference to the erection of 
District Coimcils, so that the incorporation of towns or dis- 
tricts might be left to the Governor and Legislative CouncQ 
of the Colony. It was further requested that, until in- 
structions had been received from the Home Government, 
such sums might be placed on the Estimates as should be 
necessary to make provision, from the general revenue, for 
such objects as it was intended should be provided for by the 
District Councils had they been carried into operation. The 
Address was adopted by 20 to 8. 

A Message in Reply thereto was read to the Council on 
20th August, wherein it was stated that as the Council 
had rejected the Bills presented from the Governor, he 
would accept such sums as the CouncU might place at his 
disposal for the maintenance of police during 1845, though 
he must disclaim any share in the responsibility which 
this infraction of the Constitution might involve. The 
Governor reserved the right to. make such alterations in 
the Estimates for 1845, recently submitted, as the altered 
circumstances of the Colony might require ; a minute, 
showing such alterations, accompanied the Message. The 
Address would, of course, be transmitted to the Home 
Grovemment. The attached minute showed that a sum of 



102 Nev) South Wales. 

£68,500 was substituted in lieu of £68,500 for police ex- 
penditure; also, an estimate of £7,000 for schools; making 
a total addition to the Estimates of about £17,000. Re- 
ductions in the estimates for public works, amounting to 
£9,700, left an excess of more than £7,000 to be provided for. 

During the consideration of the Estimates for 1845 in Com- 
mittee on 29th August, the Chairman reported the following 
resolution, which was adopted by 15 to 11: — 

** This Council being empowered, under the 34th section of the Imperial 
Act, cap. 76, to fix the amount to be appropriated to every detail of the public 
service, and being now called upon, by His Excellency the Governor, to vote 
the sum of £8,635 5s. lOd., as a supplement to Schedule A, in the Estimates 
for 1845, is therefore bound, in the exercise of its duty, to fix every detail of 
such amoimt, previously to its appix)priation by the local Legislature. 

" But His Excellency the Governor having rendered the due performance 
of this duty impossible, by submitting such supplement in connection with the 
said Schedule, the right to fix the details whereof (an indispensable preliminary 
to any inquiry into the details of the Schedule itself) is denied by the Right 
Honorable the Secretary of State for the Colonies, in accordance with His 
Excellency's Message to the Council, of the 19th October, 1843 — 

" This Council, therefore, in assertion of this, its undoubted right and duty, 
declines to enter into any consideration of the required Supplement." 

A Message from the Governor, in reply, was read on 4th 
."September, relative to which Mr. W. C. Wentworth moved 
•on 12th September : — 

" That His Excellency's Message to this Council, of which the following is 
the tenor : — 

•" * Gentlemen, 

" * The Council having declined to grant any sums of money for the Adminis- 
tration of Justice, in addition to those which hf.ve been provided for by 
Parliament, I shall take measures for limiting the Expenditure on account of 
the Administration of Justice during the year 1845, to the sums mentioned 
in the Schedule marked A, annexed to the 5th and 6th Vic, c. 76 ; and I 
shall advise with the Judges upon the manner in which this may be done with 
the least possible amount of inconvenience to the Public ' — 

" Being calculated to convey an erroneous impression to Her Majesty, as to 
the substance of the resolution adopted by this Council, on the 29th ultimo, 
Resolved : — 

'^ (1.) That the aforesaid resolution does not involve, as the said Message 
implies, an absolute and unqualified refusal to grant any sums of money for 
the Administration of Justice, in addition to those which have been provided 
for by Parliament, but only a qualified i-efusal to grant such moneys, so long as 
the aj)propriation thereof be withheld, and a sum asked for from this Council, 
^as it was in that instance), in gross instead of detail, for the services 
enumerated in Schedule A, and the required supplement thereto. (2.) That 
the Casual Revenue, which has been improperly withheld from the control of 
this Council, for the first time this year, and which in the Abstract of the 
Expenditure for the year 1843, amounted to £6,698 12s. 6d., arising, as it 
does, chiefly from fines pud penalties levied in Courts of Justice within the 



Governor Gipps. lOS 

Colonj, affords an ample and suitable fand, out of which anj supposed 
inadequacy of the provision made by Parliament in Schedule A, for the due 
Administration of Justice, may be supplied. (3.) That to prevent any mis- 
apprehension which may arise in the mind of Her Majesty, as to the substance 
of the said resolution of the 29th ultimo, an humble Address be presented to 
Her Majesty, communicating to Her Majesty these resolutiims, and also the 
tenor of the aforesaid resolution of this Council, referred to in His Excel- 
lency's said Messaga" 

This was carried by 15 to 11, and the preparation of the 
Address to Her Majesty was referred to a Select Committee, 
who on 6th December brought up their report and the 
Address. This, after setting forth at length certain state- 
ment's made by the Governor in his financial minute of the 
previous Session and at various times thereafter on the ques- 
tion at issue, reviewed the circumstances that had transpired, 
and concluded thus : — " We cannot take our respectful leave 
of your Majesty, without the expression of our deep regret 
that this should be the second occasion, during this session 
of our Council, in which we have felt it an imperative duty 
to your Majesty and ourselves to vindicate our public 
character and proceedings from the erroneous statements 
and implications of your Majesty's representative in refer- 
ence thereto." The Address was adopted by 19 to 9. 

A motion by Dr. Lang for an Address to Her Majesty, 
praying the speedy and entire separation of Port Phillip 
from the territory of New South Wales, and its erection into 
a separate and independent Colony, was negatived on 20th 
August by 19 to 6. 

Several Select Committees on matters of great importance, 
which had been discussed both in this and preceding Sessions, 
were appointed. The first of these was a Committee appointed 
on 30th May, on motion of Mr. Charles Cowper, "to inquire 
into and report upon all grievances connected with the lands 
of the territory ; and that it be an instruction to the Com- 
mittee to distinguish between those which can be redressed in 
the Colony and those which cannot." The Committee on 20th 
August brought up an elaborate report, in which they recom- 
mended that the squatting Regulations of 2nd April, 1844, 
should be recalled, the license fee either wholly abolished or 
reduced to a nominal sum, and that the Act 2 Vic. No. 27 
should be repealed. A notice, with the Squatting Regu- 
lations referred to by the Committee appended, had been 
published in May, and was to the effect that, in con- 



104 New South Wales. 

sequence of the practice whicli had grown up of parties 
occupying several distinct stations under one license, the 
Governor directed that parties occupying stations in separate 
districts, notwithstanding that the same might be con- 
tiguous, should be required in future to take out a 
separate license for each such district, and to pay the 
established fee of £10 for the same. No person was to take 
up a new station without having first obtained a separate 
license for the same, and paid the fee thereon. The Kegula* 
tions set forth that every squatter, after five years' occupation, 
should have the opportunity afforded of purchasing a portion 
of his run, not less than 320 acres, for a homestead. The 
value of improvements made was to be allowed, but the land 
itself could not be sold for less than £1 per acre. Any person 
who had purchased a homestead should not be disturbed in 
the possession of his run for eight years ; he must, however, 
continue to take out for the unpurchased parts of it the usual 
license, and pay on it the usual fee of £10 per annum. A 
second purchase of not less than 320 acres should be attended 
with a similar advantage of being undisturbed for eight 
years ; so that each successive purchase of 320 acres would 
act virtually as a renewal of an eight years' lease. The right 
of the Crown would remain absolute over all lands not 
granted or sold. Persons who might not avail themselves 
within a certain period of the advantage offered of purchasing 
a homestead would be exposed to the danger of having any 
part of their run offered for sale, either on the pleasure of the 
Crown or the demand of an individual. Such were the main 
features of the Regulations the Committee were of opinion 
should be recalled, " because they are, in the opinion of every 
witness, impracticable in principle, and oppressive and 
ruinous in detail." The Committee recommended the substi- 
tution, in place of the " Act for restraining the unauthorized 
occupation of Crown Lands," of an Act limiting and defining 
the powers then vested in Commissioners, and transferring 
those powers to some tribunal in the nature of a jury, over 
which the Commissioner should preside, imposing such assess* 
ment as the Council should think reasonable with reference 
to the proposed abolition of license fees, and making such 
assessment part of the ordinary revenue out of which the 
Mounted Police, proposed to be substituted for the present 
Border Police, and the Commissioners for Crown Lands, should 
be defrayed. As regarded the rent of Crown Lands within 
the boundaries of the settled districts, it was recommended 



Oovemor Cripps. 106 

that the upset price be reduced to 15s. per section per annum; 
also^ that the system of putting up these sections to competi- 
tion be discontinued, and that they be, as formerly, rented 
at the Colonial Treasury in Sydney. As the raising of this 
rent from £1 to £5 per section had diminished the revenue 
derived from it to one-third its former amount, so the Com- 
mittee were persuaded that the diminution recommended 
woidd increase the revenue in at least a corresponding ratio. 
The Committee also recommended that His Excellency should 
be requested to waive the prerogative of insisting upon quit- 
rents due more than six years before 1844, and that he 
would be pleased, in view of their disproportion to the value 
of the land, of the impossibility of levying them without ruin 
to the debtor, of the general distress, and of the impression 
which had prevailed that those quit-rents would never be 
collected,— to remit such portions of them to individuals, and 
to make such arrangements for their extinction in future, as 
the equity of each case might seem to require. Passing to 
the remedies for those grievances which could not be redressed 
in the Colony, the Committee recommended the total and 
immediate repeal of the 5th and 6th Vic, cap. 36, as regarded 
New South Wales. [The Act referred to was the Imperial 
Act " for regulating the sale of Waste Lands of the Crown in 
the Australian Colonies." This had come into operation in 
1842. Under it Mr. Gibbon Wakefield's system of Bounty 
Emigration was brought into force ; the upset price of land was 
fixed at £1 per acre, and one-half the proceeds of all land 
sales was appropriated to immigration purposes.] They also 
recommended the repeal of that part of the 29th section of 
5 & 6 Vic. cap. 76 (the Constitutional Act) which excluded 
the Council from interfering in any manner with the sale or 
other appropriation of the lands belonging to the Crown, 
or with the revenues thence arising. Further, they recom- 
mended the vesting of the management of the Crown 
Lands and the revenue therefrom in the Governor and 
Legislative Council of the Colony. The Committee stated 
their conviction — notwithstanding the contrary opinions ex- 
pressed at various times by Lord Glenelg and by Sir George 
Gipps — that a Compact was entered into on 18th May, 1835, 
by Sir Bichard Bourke with the late Legislative Council, by 
which the Council undertook to defray the expenses of Police 
and Graols, and the Crown to cede to the Council the surplus 
of the casual and territorial revenues of the Colony, after 
defraying the expenses of Emigration ; and that this Compact 
had been acted on and thereby ratified. 



106 New Simih Wales. 

On 17th September the report was adopted by 13 to 6 on 
the motion of Mr. Cowper ; and a series of resolutions founded 
thereon, moved by him, were passed without division. Next 
day, on the motion of Mr. Cowper, a Select Committee to prepare 
an Address to Her Majesty and the Imperial Parliament, 
praying them to pass an Act repealing those Acts specified 
in the recommendations of this Committee on Crown Land 
Grievances, was appointed. The Report was brought up and 
the Addresses were adopted on 17th December. 

A Select Committee was appointed on 21st June, on the 
motion of Mr. Lowe, to inquire into and report upon the state 
of education in the Colony, and to devise the means of placing 
the education of youth upon a basis suited to the wants and 
wishes of the community. The Committee brought up their 
Report on 28th August. They recommended Lord Stanley's 
system of National Education. The keystone of the system 
was a Board composed of men of high personal character, 
professing different religious opinions. This Board exercised 
a complete control over the schools erected under its auspices, 
or which, having been already established, placed themselves 
under its management, and received its assistance. The 
ordinary school business consisted exclusively of instruc- 
tion in those branches which belonged to a literary and moral 
education. One day at least in the week was set apart 
for religious instruction, on which day such pastors, or other 
persons approved of by the parents, had access to the 
children for that purpose. The managers of schools were 
also expected to afford convenient opportunity and facility 
for the same purpose, on other days of the week. No child 
was compelled to attend or be present at any religious instruc- 
tion to which his parents or guardians objected. 

On 4th October a number of resolutions, in which the 
advisableness of adopting Lord Stanley's system as set 
forth in the Report of the Select Committee was expressed, 
were moved by Mr. Robinson. Mr. Windeyer moved an 
amendment to the effect that it was desirable to introduce 
a general system of education into the Colony, by which 
the children of the poorer classes might receive gratuitously 
(if possible) primary and religious instruction; provided 
that no aid should be given by Government to any school not 
required by the parents of at least 50 children attending such 
school. And that, to meet the wants of such parts of the 
Colony as were not able to comply with these conditions, Lord 



Governor Gippe. 107 

Stanley's system of National Education be adopted, with a 
modification that the children should be absent from school 
each Saturday for the purpose of receiving religious instruc- 
tion elsewhere. On 10th October (when the debate on these 
resolutions was resumed) Mr. Wentworth moved a further 
amendment, as follows : — 

" (1.) That this Council, having taken into consideration the Report of the 
Select Committee^ appointed to inquire into and report upon the state of 
Education in this Colony, and to devise the means of placing the Education 
of youth upon a bajsis suited to the wants and wishes of the community. 
Resolved : — ^That it is advisable to introduce Lord Stanley's system of National 
Education into this Colony, with this modification, that instead of the Clergj 
and Pastors of the several denominations being allowed to impart religious 
instruction in the Schools, the children be allowed to be absent from School 
one day in every week, exclusive of Sunday, for the purpose of receiving such 
instruction elsewhere ; but that all Denominational Schools now in existence^ 
having School Houses already built, which have been, or shall be within 
the next twelve months, conveyed in trust for the purpose of the School, and 
having now, or which shall have within the next twelve months, an average 
attendance of fifty scholars, shall be entitled to aid from the Board. 

" (2.) That in order to introduce this system, His Excellency the Governor 
be requested to appoint a Board of persons favourable to the introduction of 
Lord Stanley's National system of Education, and belonging to the different 
religious denominations ; this Board to be invested with a very wide discretion 
as to the arrangements necessary for carrying the system into effect ; and all 
funds to be henceforth applied for the purpose of Education to be administered 
by them. 

"(3.) The leading principle by which the Board of Education shall be 
guided, is to afford the same facilities for Education to all classes of professing 
Christians, without any attempt to interfere with the peculiar religious 
opinions of any, or to countenance proselytism. 

" (4.) That the Board be incorporated. 

"(5.) That an Address be presented to His Excellency the Governor, 
transmitting the above Resolutions, and praying that he will be pleased to 
take them into his favourable consideration, and carry them into effect." 

Mr. Wentwdrth's amendment was carried by 13 to 12. 

On 27th November the Governor replied to this Address 
in the following message : — 

*' Gentlemen, 

" The subject of Education is one which, since the day of my arrival in the 
CJolony, has never ceased to engage my anxious solicitude ; it is well known 
that I have long been desirous to see established a system of Education for the 
poorer classes of our community, which should comprehend persons of all 
religious denominations, without interfering with the tenets or doctrines of 
any ; and I have on various occasions pointed out to the public what I con- 
sider to be the disadvantages of the system, on which schools receiving aid 
from the General Revenue are now conducted in the Colony. But whilst I 
declare my entire adherence to the opinions which I have thus repeatedly 
expressed, I feel bound also to acknowledge that I cannot but continue to 
entertain doubts, whether the time be yet arrived at which an attempt to 
introduce a better system is likely to be successful 



108 New South Wales. 

'^ The apprehension of increasing religious differences has twice within the 
few last years induced the Grovemment to abandon proposals in respect to 
Education, brought forward by itself ; and the opposition which the Govern- 
ment, or I may say, which I myself, declined to encounter on these occasions, 
is, I greatly regret to say, in no way diminished. 

^' Without the co-operation of the Ministers of Religion, it seems to me 
scarcely possible to establish any system of Education, with a prospect of its 
being extensively useful ; and I need scarcely remark that the Clergy 
throughout the Colony are at present even less disposed to co-operate in the 
establishment of a general system than they were on the occasions which I 
have referred to. 

*' I feel it right also to observe, that a difficulty in the way of the establish- 
ment of a general system of Education seems at the present moment to 
present itself which did not until lately exist Under the 42nd clause of the 
Constitutional Act of the Colony, any alterations in the system of our Public 
Schools must, I apprehend, be carried into effect through the instrumentality 
of the District Councils ; and these bodies are not, I fear, as yet, in a con- 
dition advantageously to exercise the functions with which (in order to 
establish a new system of Education) it would be necessary to charge them 
by an Act of the Governor and Council.'' 

The subject was again brought before the House on l7th 
December by Mr. Robinson, who moved for an Address to 
the Governor praying that £2,000 might be placed on the 
Estimates for the support of schools established on the general 
system recommended on 10th October. An amendment by 
Mr. Wentworth — that the sum be appropriated for the estab- 
lishment of schools on the modified form of Lord Stanley's 
system recommended by the first of the series of resolutions 
adopted on 10th October — ^was carried by 22 to 6. In 
reply to this Address a Message from the Governor was read 
on 19th December, wherein it was stated that from several 
circumstances known to the Council the anticipated surplus 
was converted into a deficiency ; that he had already ex- 
plained to the Coimcil the reasons why he doubted whether 
any alterations in the school system could be advantageously 
introduced ; and that a similar measure to that recommended 
was adopted in 1836, but failed to be productive of any good. 

Pursuant to a motion, on the 13th June, by Dr. Lang, 
a Select Committee was appointed to ascertain whether any 
and what measures were requisite for the extension or im- 
provement of the representation of the Colony under the 
Constitutional Act, 5 and 6 Vic, cap. 76. The Report was 
brought up on 27th September. It stated that the Com- 
mittee was of opinion that the elective franchise ought to be 
extended forthwith to leaseholders of land, and that it should 
not be made dependent on their having dwelling-houses on 



Governor Cripps. 109 

their land worth £20 annual rent. They recommended that 
the minimum rental to entitle a leaseholder of land to the 
elective franchise should he £20 a year, payable at the option 
of the parties either in money or produce ; and that the lease 
entitling the holder to such franchise should not be for a 
shorter term than five years. Residence, either personally or 
by an agent, should be an indispensable qualification for the 
exercise of the franchise on the part of the leaseholder ; and 
his lease should be registered six months previous to the 
preparation of the electoral list for the district. The Com- 
mittee recommended the immediate extension of the elective 
franchise to the squatters on the waste lands of the Colony ; 
but they had hesitoited to give an unqualified recommendation 
of such an extension till the Council should have given its 
opinion on the propositions of the Land Grievance Committee. 
From the favourable prospect, however, now entertained of 
obtaining fixity of tenure for the squatters the Committee had 
no ground for further hesitation. They, therefore, earnestly 
recommended that the franchise should be extended to every 
squatter possessed of not fewer than 200 cattle or 1,000 sheep. 
To remedy existing anomalies the Committee recommended 
increasing the representation of the city of Sydney by four 
additional Members; that the town of Melbourne should 
return two Members instead of one ; the county of Cumber- 
land four instead of two ; and that the counties of Camden, 
Durham, and Northumberland should each return an addi- 
tional Member. 

On 8th October Dr. Lang moved the adoption of certain 
resolutions founded on this Report, which were put seriatim. 
The first of these, to the effect that the elective franchise 
should be extended, on condition of actual residence, to all 
leaseholders paying not less than £20 annual rental, passed 
without division. The second— that all persons depasturing 
not less than 200 head cattle or 1,000 sheep be granted the 
elective franchise — ^was shelved by the negativing of the 
Previous Question on a division of 12 to 11. The third — 
praying the Grovernment to transmit the resolutions to the 
Home Government — ^passed without division. Dr. Lang with- 
drew till the next Session the remainder of his resolutions — 
as to the representation of Sydney, Melbourne, and certain 
counties. 

Certain documents were laid upon the table by the Colonial 
Secretary, on the 16th August. They were Extracts from 



110 New South Wales. 

Despatches of Sir George Gipps and Lord Stanley (Secretary 
of State), on the subjects of Police and Gaols, and of certain 
schedules to the Constitutional Act. "Tour Lordship is 
aware" — said Sir George Gipps, in his communication to the 
Secretary of State — ** that since 1834, the whole expense of 
maintaining the police and gaols of the Colony has been 
defrayed out of the local revenue, and that, therefore, convicts, 
when committed to gaol, are, like any other inmates of the 
prison, fed at the expense of the Colony." The Council, 
however, when the estimate for the Darlinghurst prison was 
before them in 1843, had struck off the amount which it was 
supposed would be necessary for the maintenance of the 
average number of convicts confined in the gaol ; and they 
had also informed him (Sir George Gipps) by Address that 
convicts when confined in the gaols of the Colony should 
not be maintained at the expense of the Colony. To this 
Address he had replied that he had no funds out of which 
prisoners could be maintained, except such as might be placed 
at his disposal by the Council ; and that Magistrates could 
commit offenders to no other place than the common gaols 
of the Colony. In reply to this Message a second Address 
had then been agreed to by the Council, to the effect : — 

" That, in the opinion of this Council, the 47tK clause of the Act of the 
Imperial Parliament, 5 and 6 Victorise Reginae, cap. 76, distinctly exempts 
the Colonial Revenue from all expenses of Police connected with the Convict 
Establishment, and impliedly sanctions their payment from the Military 
Chest ; and this Council, therefore, adheres to the resolution, passed on the 
11th instant, in reference to the support of convicts confined in gaols in this 
Colony." 

His Lordship would perceive (continued Sir George Gipps) 
that in their second Address the Council adduced in support 
of their argument the words in the Act in question included 
in a parenthesis — (" exclusive of the convict establishment ^), 
The question, therefore, between the Council and himself 
rested on the proper interpretation of those words ; and if 
construed in the sense the Council would attach to them, they 
would throw on the Home Government charges of a far 
heavier nature than that of the maintenance of convicts 
in Colonial gaols. Leave had been obtained by Mr. Windeyer 
to bring a Bill into the Legislative Council to declare Hyde 
Park Barracks and Cockatoo Island to be common gaols, 
and to direct Magistrates to commit convicts to those places 
instead of the ordinary gaols of the Colony ; but as such an 
arrangement would be not only expensive and inconvenient, 
but would also involve an evident attempt, in an indirect 



Governor Gippa. Ill 

VTKjj to compel Her Majesty's Govemm^it to do that 
which it had repeatedly refused to do, he should deem it his 
duty to withhold assent from such a Bill, even should it be 
passed by the Council. 

The reply of Lord Stanley concurred in, and adopted, Sir 
George Gipps' construction of the 47th clause of the Consti- 
tutional Act. If the Legislative Council should be unwUling 
to provide the funds required for the police and gaol 
establishments, it would become the duty of the Executive 
Government to consider by what means a reduction could 
safely and properly be effected. There were two modes: 
one would be, that of expediting, as far as public safety 
would allow, the period of the pardon of these persons ; the 
other would be, that of withdrawing them from their present 
employers to labour in some of the convict establishments. 
The project of avoiding the dilemma by throwing this charge 
on the British Treasury was one to which uncompromising 
resistance was to be made. 

Regarding the Schedules to the Constitutional Act, Sir 
George Gipps — in his Despatch in reference thereto — stated 
that he had already reported that these Schedules were greatly 
objected to. During the elections it had been generally 
declared that the first efforts of the representatives of the 
people should be towards getting rid of them. " It was in 
some measure," said Sir George Gipps, "to remove the 
general dislike to the Schedules, that I pointed out in my 
Pinancial Minute, of the 23rd August, the extensive control 
which the Council would acquire over Schedule A, by the 
necessity which the Government was under of applying to 
the Council for a sum in addition to it. If it be stated, that 
I ought at the same time to have explained (as I did in my 
second Message) that the Schedule gave to the Queen the 
power of keeping faith with the officers who had been 
appointed by Her Majesty to certain situations in the Colony, 
I can only reply, that it did not occur to me as possible that 
the Council would seek to make Her Majesty's Government 
break faith with the servants of the public ; and in anything 
which did not involve a breach of faith, or greatly impair the 
efficiency of the Courts of Justice, I was prepared to yield to 
the wishes of the Council. The Council, however, having 
arrived at that division of the Estimates which relates to the 
Judicial Establishment, asserted its right to abolish offices, 
or reduce salaries, at its pleasure, without entering in any 
way on the question of compensation to the holders of office, 



112 New South Wales. 

and without reference to any promises given, or expectation 
held out to them, either by the Imperial or the Local 
Government." The Council had refused to accept an 
explanation, made by the Colonial Secretary, as being that 
of the Governor ; and adopted a resolution, by 16 to 7, to 
the effect that in consequence of the Governor having 
asked for a supplementary grant, the Council had a right to 
appropriate the £20,000 granted to the Queen for the 
Administration of Justice by Schedule A. It then appeared 
that the time had arrived when he (Sir George Gipps) 
should explain himself directly to the Council ; he accordingly 
did so. The Message was received on 19th instant, and 
immediately after the delivery of it the Council decided 
that an officer, who lately came out with an appointment 
from the Home Government of £800 per annum, ought only 
to have £650. 

The reply of the Secretary of State approved of the opposi- 
tion made by Sir George Gipps. 

The Correspondence, the purport of which has been 
described was referred, to a Select Committee for report by 
a majority of 13 to 9. This Committee, on 6th December, 
brought up an Address to Her Majesty. This recounted all 
the circumstances of the case, in justification of the action 
taken by the Council, and thus concluded : — " We humbly 
trust, that if there be any appearance of a tone and temper to 
be deprecated in any portion of the acts of State herein sub- 
mitted to your Majesty's most gracious consideration, they 
will not be found in any proceedings of this Council ; for we 
beg with all earnestness, but with the most profound respect, 
to assure your Majesty, that the course we have taken has been, 
in our opinion, that best calculated to ensure a continuance 
of those feelings of devoted and affectionate loyalty to your 
Majesty's person and government, which at present distinguish 
the intelligence and wealth of the constituencies we have the 
honor to represent." The Address was adopted by 18 to 11. 

A Select Committee — appointed on 21st June at the in- 
stance of Mr. Wentworth, to report on Greneral Grievances, 
with instructions to distinguish between those grievances 
which could be redressed in the Colony, and those which 
could not — ^reported on 6th December. On the 19th Decem- 
ber Mr. Wentworth moved the following resolutions, which 
were carried, seriatim^ after a long debate, on divisions of 



Governor Gipps* 113 

16 to 11, 18 to 9, 14 to 12, and the remainder without 
division : — 

" (1.) That this Council, having taken into consideration the Report of the 
Select Committee, appointed to inquire into and report upon all grievances 
not connected with the lands of the territory, and to distinguish between 
those grievances which can be redressed in the Colony, and those which 
cannot, adopts, generally, the opinions contained therein. 

^' (2.) That, in the opinion of this Council, the Schedules annexed to 5 and 6 
Yiet, c 76, should be repealed, and the whole of the General Revenue placed 
at the appropriation of the Governor and Legislative Council, in conformity 
with the provisions of the Declaratory Act, 18 George III, c. 12, & 1. 

*' (3.) That, in the opinion of this Council, so much of the same Act, 5 and 
6 Vict., c. 76, as relates to the establishment of District Councils, should be 
repealed. 

'^(4.) That, in the opinion of this Council, the Police, Craol, and Judicial 
Expenditure of the Colony, should be adjusted on the terms prayed for in the 
Address to Her Majesty and the Petitions to both Houses of Parliament, 
prepared by the Select Committee appointed by this Council to inquire into 
and report upon all grievances not connected with the lands of the Territory. 

** (5.) That it is the opinion of this Council, that an humble Address be pre- 
sented to Her Majesty, beseeching Her Majesty to direct that the Government 
of this Colony be henceforth conducted on the same principle of responsibility, 
as to Legislative control, which has been conceded in the United Canadas ; 
and to sanction the establishment by law, within this Colony, of a tribunal 
for impeachments. 

" (6.) That, in the opinion of this Council, an Act should be introduced to 
enable persons having claims of any description against the Crown or local 
Government^ to sue the Colonial Treasurer, or some other public Officer, to be 
appointed for that purpose by the Governor, as a nominal defendant ; with 
suitable provisions to enable claimants to enforce any judgment or decree in 
their behalf, but nevertheless under such limitations as may be necessary to 
prevent frivolous and vexatious suits. 

" (7.) That it is the opinion of this Council, that an humble Address be 
presented to Her Majesty, praying that Her Majesty will be graciously pleased 
to place the Judges of the Supreme Court in the same tenure of office, and 
security of salary, as have been granted to the Judges in England." 

An Address to Her Majesty the Queen was adopted, 
embodying the 5th and 7th of these resolutions, and trans- 
mitting a copy of the Report and Evidence of the Select 
Committee. 

An Address to Her Majesty was adopted, on 19th Decem- 
ber, by a majority of 14 to 11, on motion of Mr. Wentworth, 
relative to the Police, Gaol, and Judicial Expenditure of the 
Colony. It was represented therein that according to the 
Estimates it would be necessary to raise £85,250 for Police 
and other services, being at the rate of 10s. 4d. per head 
of the entire population of the Colony ; whereas the whole 
expense of the Government of the Canadas did not exceed 
7s. per head. That although — when, in 1835, this charge 

H 



114 New South Wales. 

was first transferred from the Military Chest to the Colonial 
Treasury — it was assumed that it would not exceed £25,000 
per annum, in the first year thereafter it reached nearly 
£45,000; in the third year it reached its maximum of 
£135,000; and it was still estimated at the large sum of 
£85,250. Among other things, it was contended that the 
necessity of providing, out of Colonial funds, so large an 
amount for the coercion and punishment of British crimi- 
nals, was justly deemed by the Colony as one of its chief 
grievances ; and the grievance was deemed the greater "inas- 
much as the equivalent, which by solemn compact entered 
into in the year 1835, between the late Legislative Council 
and your Majesty's then Governor, Sir Richard Bourke, 
K.C.B., under the authority of the Lords of the Treasury — 
viz., the surplus of the casual and territorial revenues, after 
defraying the cost of immigration from the United Kingdom — 
had been withheld from the appropriation of the Legislative 
Council, at whose disposal it was then placed in conformity 
with this compact, during the whole government of Sir 
George Gipps, Knight ; not only, as far as we have been 
able to ascertain, without any authority, but as far as the 
official correspondence laid by His Excellency before us 
shows, in defiance of the positive directions of the Lords 
of the Treasury, and successive Secretaries of State." The 
•disabilities under which the Colony laboured in conse- 
quence of the prevalent state of things were then set 
forth ; and the Address prayed that the sum of £793,034 
due to the Colony for arrears of Police, Gaol, and Judicial 
expenditure, and justly chargeable on Imperial funds, and 
the further sum of £74,000— being the annual amount still 
required for the due coercion and punishment of the convict 
and freed population originally transported from Britain — 
be defrayed from the Military Chest. Or, if it were deemed 
more advisable, an equivalent of 59,788 free immigrants 
(equal to the number of convicts transported to the Colony) 
should be sent to the Colony during the ensuing five years, 
out of Parliamentary funds — ^in the event of which a loan of 
£500,000 should be raised in England for the construction 
of Public Works in the Colony, payable by five annual 
instalments of £100,000 each. 

On 18th September resolutions were passed by the Council 
to the effect that it was desii-able to have the interests of 
the Colony represented by a gentleman of ability, integrity, 
and influence ; that a sum of £500 should be annually 



Governor Oipps. . 115 

appropriated by this Council as an acknowledgment for 
his services; and that the Hon. Francis Scott, M.P. for 
Koxburghshire, was eminently qualified, and was thereby 
appointed to represent the interests of New South Wales in 
the House of Commons, and elsewhere. 

The Appropriation Bill having passed, was assented to on 
28th December. 

The Session closed on 30th December. The Prorogation 
Speech expressed a hope that, as the Council had declined 
the consideration of the Estimates for the Administration of 
Justice, the funds previously placed at the disposal of the 
Governor might be found suflBicient to keep open the ordinary 
tribunals of the Colony. The CouncU was congratulated 
on the marked improvement which had recently manifested 
itself in the general condition of the Colony. The rise 
which had taken place in England in the value of wool 
had a very cheering influence on the whole community. 
The Council had, in the latter part of the Session, entrusted 
to his (Sir George Gipps) care, various Addresses, pray- 
ing for extensive alterations in the Constitution which had 
lately been granted to the Colony. They would be trans- 
mitted on the earliest opportunity to the Secretary of State. 
Many months, however, would necessarily elapse before the 
replies thereto could be received in the Colony; and he, con- 
sequently, considered it his duty openly to declare that many 
of the demands of the Council were such as never would 
be granted — such, indeed as never could be granted, unless 
the relations between New South Wales and the mother 
country were fundamentally and entirely altered. 

The Session of 1845 was opened on 29th July. Mr. 
Robert Lowe and Mr. John Wild took their seats as elective 
Members of the Council, and Mr. George Allen as a non- 
elective member. 

The Governor's Opening Speech announced that in the 
year 1844, for the first time in the history of New South 
Wales, the exports of the Colony exceeded the imports. 
This fact aflfbrded the fairest promise of the Colonists 
being able speedily to overcome the difficulties in which 
great numbers of them became involved, during the years 
when capital was poured into the Colony with excessive 
rapidity; and the prices which their exports commanded 
in the Home market afforded further grounds to hope 
for the progressiva and steady improvement of the Colony. 



116 New South Wales. 

The state of the public finances was also satisfactory ; 
although the revenue had greatly declined during 1843 and 
1844, there was reason to hope that it had passed the point of its 
lowest depression. The falling off in the Revenue had been 
more than met by a decrease in the Expenditure ; so that not 
only was the ordinary revenue entirely free from debt, but the 
public moneys deposited in the colonial banks collectively 
exceeded the amount which had stood to the credit of the 
Government at any time since the end of 1841. The only 
debt incurred — ^which was secured on the Revenues of the 
Crown — was one for immigration. A measure for taking 
the Census in 1846 would be brought before the Council 
in the present Session. No measures were yet in progress 
for the resumption of Immigration. Accounts of the 
Revenue and Expenditure of 1844, and the Estimates for 
1846, would be at once submitted. The replies of Her 
Majesty's Government to the Addresses adopted last Session 
had not yet been received ; but, on their receipt, no time 
would be lost in communicating them to the Council. In 
conclusion, the Governor expressed his earnest desire to 
co-operate with the Council in the enactment of laws calcu- 
lated to advance and secure the permanent interests of the 
Colony. 

The Address in Reply, moved by Mr. Lamb, was passed 
without division. 

Dr. Nicholson was again elected Chairman of Committees. 

On 5th August, Mr. Cowper moved that a Chaplain of 
the Church of England, who should open the proceedings of 
the Council by prayer, be appointed by the Speaker. Mr. 
Windeyer moved an amendment referring the question to a 
Select Committee. The Attorney-General moved the Previ- 
ous Question, which, on division, was negatived by 12 to 11. 

An Address to the Governor, for carrying into eflfect the 
resolution of the Select Committee of 1843, to consider the 
practicability of establishing an overland route from the 
settled parts of New South Wales to Port Essington, and to 
request the placing of £1,000 for that purpose upon the 
Estimates, was moved for on 12th August by Mr. Robinson. 
The question passed without division. 

The Financial Message for 1846 was laid before the 
Council on 5th August. The ordinary Revenue for 1843 
amounted to £294,311 14s. 9d., and that for the year 1844 
to £266,724 19s. 5d. ; the ordinary Revenue of 1844 was 
consequently less than that of 1843 by £27,586 15s. 4d. 



Governor Oipps. 117 

The Expenditure for 1843 was £306,307 13s. lOd. ; for 1844, 
£267,891 10s. 6d. ; the Expenditure of 1844 was conse- 
quently less than that of 1843 by £48,416 3s. 4d. In 1844, 
therefore, there had been an excess of Revenue over Expen- 
diture of £8,833 8s. lid. The decrease in the Revenue was 
nearly 9^ per cent. ; in the Expenditure, nearly 16 per cent. 
The Crown Revenue for 1844 amounted to £41,551 8s. 7d. ; 
the sums chargeable on this amounted to £14,121 I7s. 4d., 
leaving a surplus applicable to Immigration of £27,429 lis. 3d. 
But the expenses of Immigration during 1844 amounted to 
£73,164 6s. 7d., consequently there was no surplus on the 
Crown Revenue to be transferred in aid of the ordinary 
Revenue ; and by the statement given, it was shown that the 
ordinary Revenue did not stand in need of such aid. The 
Estimates for 1846 amounted to £246,740 9s. Id., and 
were so framed as to require little explanation. A Supple- 
mentary Estimate of £9,801 16s. 9d. for 1845 was also sub- 
mitted, but there was little doubt that amount would be met 
by the savings on Expenditure already authorized. 

A Census Bill, inlroduced on 21st August, passed, and 
was assented to on 8th November. During its passage it 
was referred to a Select Committee, who embodied their 
suggestions in an amended Bill, which was returned to the 
Council. 

Dr. Lang, on 26th August, moved for an Address praying 
for a geological survey of the Colony. The question was 
negatived by 15 to 10. 

A Bill to regulate the Customs was introduced on 7th 
August by the Collector of Customs, and having passed, 
was assented to on 7th November. 

A message from the Governor was read, on 2nd September, 
transmitting a Bill to alter and amend the Duties of Customs. 
Sir George Gipps, in accordance with a promise made in the 
Speech with which he opened the Session, asked the attention 
of the Council to the evils arising from illicit distillation. It 
woidd be found impossible to prevent this so long as the high 
duties payable on ardent spirits should be continued. The 
Bill presented, therefore, proceeded on the principle of 
reducing these one-half, making good to the Revenue the 
deficiencies which this measure might be expected to produce 
by an increase on the duties on some other articles. It was 
the same in principle as the Bill reserved in December, 1843. 
Having passed through the Legislative Council, the Bill was 
assented to on 8th November. 



118 New South Wales. 

In accordance with a resolution of Council, an Address to 
the Queen on steam communication, brought up by Mr. 
Bobinson, was adopted on 4th September. It prayed for the 
extension to New South Wales of the benefit of the arrange- 
ment under which mails were despatched to India and China, 
on the same terms as to other British Colonies. 

Letters from Lord Polwarth and Mr. Hutt, M.P., were 
read by the Speaker on 9th September. They acknowledged 
the receipt of certain petitions for presentation to the 
Imperial Parliament, asserting the right of New South Wales 
to share in any benefits conceded to Canada or to any other 
part of the British Empire. 

A Bill to establish a uniform and cheap postage rate 
throughout the Colony was introduced by i)r. Lang. It 
passed its second reading; but on 23rd September it was 
ordered to ba further considered in Committee six months 
thence, and was thereby shelved. 

During the passing of the Estimates the following reso- 
lution reported from the Committee was adopted by the 
House : — 

" That as no answer has been received by this Council to the Address which 
was voted on the 9th August, 1844, in reference to the District Councils, Hia 
Excellency the Governor be requested to recommend to this Council that the 
expense of the Police and Schools of the Colony, during the year 1846, be 
defrayed on the same principle as was adopted for the current year." 

In reference to this a Message was, on 30th September, 
read from the Governor, stating that he would not object to 
make provision for the Police and Public Schools of the 
Colony during 1846, on the principle on which the expense 
of those establishments was then defrayed, if he were not 
precluded from giving assent to such a measure by the 
arrival of instructions from Her Majesty. 
• On 7th October Mr. Patrick Grant took his seat as Member 
for Northumberland Boroughs, in room of Mr. D' Arcy Went- 
worth, resigned. 

A Select Committee on Immigration — appointed on 22nd 
August, at the instance of Dr. Nicholson — ^brought up their 
report on 30th September. Pounded thereon, the following 
resolutions were passed, on 7th October, by the Council : — 

'^ (1.) That it appears to this Council that there is throughout the Colony, 
at the priisent moment, a very inadequate supply of labour for pastoral and 
agricultuiul purposes ; and thiett this deficiency is soon likely to be felt to a 
still greater extent ; and that the effects, both immediate and prospective, o£ 
this deficiency, must be to retard the general prosperity of the Colony, and 
by an increase in the rate of wages, materially to affect the production of its 
staple exporii — wool. 



Governor CNpps. 119 

*' (2.) That, in the opinion of this Council, an immigration of 12,500 persons 
annuallj is indispensable, to meet the wants of the Colony. 

"(3.) That, for any loan which Her Majesty *s Government may think fit to 
sanction for purposes of immigration, ample security exists in the Crown 
Land Revenue ; that such Revenue would, if faithfully and economically 
applied, afford adequate means for paying the interest of such loan, and also 
provide a sinking fund for its gradual extinction/' 

An Address was then passed praying for the transmission 
of these resolutions to the Secretary of State, with a request 
that Her Majesty's Government might adopt measures for 
the speedy and effectual accomplishment of the recommen- 
dations therein contained ; and especially recommending that 
a portion of the expense should be borne by England. 

The Appropriation Bill having passed, was assented to on 
8th November. 

The Session closed on 13th November. The Governor, in 
his Prorogation Speech, expressed satisfaction that by the 
improvement in the Revenue, he had been able to concur 
with the Council in reducing the duties on the importation 
or manufacture of spirituous liquors, without imposing on 
the public any additional tax. The Address, lately presented 
on the subject of Immigration, had been forwarded to Her 
Majesty's Government, and he had much pleasure in sup- 
porting the recommendation therein contained — ^that immigra- 
tion might be resumed. In the application of the Supplies 
granted, he would continue to exercise the strictest economy. 
An Exploratory Expedition, in the direction of Port Essington, 
had been undertaken, which would increase the knowledge 
of the interior of the Colony, and might lead to other impor- 
tant results. The Colony might fairly be said to have over- 
come the difficulties against which it had so long been 
struggling; and the continuance of good seasons would 
ensure to the people of New South Wales success in all 
their enterprises. At no time during the period of his 
administration had the general affairs of the Colony been 
in a more healthy state than at the present. It might be 
asserted with confidence, and not without honest exultation, 
that in no part of the wide dominions of the British Crown, at 
no period within England's history, was a Colony planted and 
brought to maturity mthout expense of any sort to the 
parent State, surpassing in energy, wealth, and character, that 
which had silently grown up in the course of the last ten 
years within the southern boundary — the settlement at Port 
PhiUip. 



120 Neu) South Wales. 

The Session of 1846 was opened by Proclamation on 12th 
May. Captain Maurice Charles O'Connell and Mr. Patrick 
Grant took their seats as elective Members, and Mr. Henry 
Watson Parker as a non-elective Member. 

The Governor explained, in his Opening Speech, that the 
approaching termination of some temporary though impor- 
tant laws had compelled him to call the Council together 
earlier than usual. The financial papers for the year were 
in a state of forwardness ; and when laid before the Council 
would show that economy continued to be exercised in every 
Government department. Assurances of confidence in the 
public resources, and congratulation on the healthy state of 
the general affairs of the Colony, were repeated. The 
expenditure continued to be within the income; and not- 
withstanding the great reduction in the duties on spirituous 
liquors effected in the previous Session, the Customs 
Revenue for the first quarter of 1846 exceeded that of the 
corresponding quarter of 1845. The excess in the value of 
exports over imports, too, was more marked in 1845 than in 
1844. He could not refrain from expressing the gratifica- 
tion he felt that his administration of the public affairs of 
New South Wales should have been sufficiently prolonged to 
enable him before his departure to see the Colony restored to 
a state of prosperity. " Nor can I address you, as I now in 
all probability do for the last time, without feeling awakened 
within me a grateful recollection of the important changes 
which, under my Government, have taken place in the social 
and moral, as well as the political condition of New South 
Wales — changes which will, I trust, be dwelt upon with 
pride and satisfaction by you and your descendants, long 
after the memory shall have passed away of less important 
events connected with the history of our times." 

The Address in Reply was moved by Mr. Allen, and 
adopted without division. 

On 13th May, Mr. Henry Dangar took his seat as an 
elective Member of the Council. Dr. Nicholson was, on the 
same day, elected Chairman of Committees. 

On 19th May, the Speaker (Mr. Alex. M'Leay) resigned 
that office, and Dr. Nicholson was elected his successor. 
On 28th May, Mr. Henry Watson Parker was elected to 
the office of Chairman of Committees, vacated by Dr. 
Nicholson. 

Mr. Edward Jones Brewster, on 21st May, took his seat 
as a Member for the electoral district of Port Phillip. 



Governor Oipps. 121 

On 15th May, a Message from the Governor was read, 
transmitting copies of five Despatches from the Principal 
Secretary of State, containing Answers to the various 
Addresses adopted by the Council in 1844. The first of 
these — ^relating to Crown Land Grievances — was in answer 
to the Address praying that Her Majesty would not with- 
hold her assent from any Act which might be passed by the 
Imperial Parliament, enacting that the management of the 
waste lands of the Crown and the revenue arising therefrom 
should be vested in the Governor and Legislative Council of 
the Colony. It replied that Her Majesty did not think it 
necessary or advisable to state the course which she might 
be advised to pursue in what appeared so improbable a 
contingency. 

The second Despatch replied to the Address with reference 
to compensation for abolished offices ; and set forth that Her 
Majesty was convinced that the objections of the Legislative 
Council had been suggested by no other motive than that of 
rescuing themselves from what they deemed to be unmerited 
censure. It was hoped that no misapprehension as to what 
occurred on either side would interrupt the harmony between 
Her Majesty's Representative and the Legislative Council. 

The Despatch in answer to the Address on General Griev- 
ances stated — "With regard to the proposed concession of 
what was termed the principle of responsibility as to Legisla- 
tive Control, which is described as having been conceded in 
Canada, Her Majesty must decline to enter into any stipulation 
at once so abstract and so vague. . . . With respect to the 
establishment of a Tribunal for Impeachment, the Queen must 
decline to express any decision or opinion upon such a ques- 
tion until it is brought before her in some definite shape, and 
with the specific provisions which it may be judged convenient 
to introduce into any such law. . . . With regard to the pro- 
posal for granting to the Judges Commissions during good 
behaviour. Her Majesty has not any objection to the change, 
if on further reflection it shall appear to the Council desirable 
that it should be made. . . . With regard to the claim of 
the Legislative Council to advances of money from the 
British Treasury, in repayment of an alleged debt from this 
Kingdom to New South Wales, Her Majesty thinks it 
necessary to state in the most unequivocal terms that, being 
advised that no part of the asserted debt is really due in law 
or in justice. Her Majesty cannot recommend to Parliament 
to maJce provision for the payment of it.'* 



122 New South Wales. 

, The Reply to the Despatch communicating to the Secretary 
of State the appointment by the Council of a Parliamentary 
Agent stated that the appointment of an Agent to represent 
the Legislative CouncQ in England was one to which in 
general there was no objection to be made. But the assent 
of the Queen's Government must be qualified by certain 
stipulations. The appointment must be made by a local 
Ordinance, and not by a mere resolution of the Council. 
The appointment of a Member of the House of Commons 
expressly to represent the interests of New South Wales 
" in that House" was objected to ; for though every Member 
of Parliament was in one sense the representative of his 
own constituents, in another and a larger sense he might 
be said to represent the Commons of the United Kingdom, 
and of all its Colonial Dependencies. To undertake to act 
as the representative of any local interest, at the expense of 
other interests of the Empire, would be an engagement at 
variance with his duties. 

The Despatch in answer to the Address on judicial expen- 
diture signified Her Majesty's conviction that they would 
either make or withold any addition to the sum appropriated 
by Parliament to the Administration of Justice. Her 
Majesty, however, was advised by the highest legal 
authority to which access could be had that the words con- 
tained in the 34th Clause of the Constitutional Act did not 
extend to fines and penalties inflicted in the Courts of 
Justice in New South Wales, and therefore that these latter 
were not at the disposal of the Local Legislature. 

The same day a Message from the Governor, transmitting 
a Bill to continue for one year the Crown Lands Occupation 
and Border Police Act, was read. On 3rd Jime the Colonial 
Secretary moved the first reading of the Bill. I'he following 
amendment was then moved by Mr. Windeyer : — 

" We, the Legislative Council of New South Wales, in Council assembled, 
beg respectfully to acquaint your Excellency that we cannot entertain the 
proposition laid before us to renew the Acts 2nd Victoria, No. 27, and 5th 
Victoria, No. 1. 

'Hst — Because we are not disposed to continue summary powers which 
have been used to support a claim to tax by prerogative alone, the validity of 
which, we, as the Representatives of the People, can never recognize. 

"2ndly. — Because your Excellency has repeatedly asserted that Her 
Majesty is the absolute owner of the Waste Lands of this Territory, and that 
Her prerogative is sufficient for their management — ^propositions which, if 
true, render the interference of this Council unnecessary. 



. Governor Oippa. 123 

" 3rd]y. — Because we do not feel justified in imposing any peculiar tax 
upon the Squatters, so long as your Excellency claims, in the name of Her 
Majesty, a right to tax them to any extent you may think proper. 

" 4thly. — Because the powers conferred by these Acts on the Commissioners 
of Crown Lands are most arbitrary and unconstitutional. 

*' 5thly. — Because these Acts were passed with the understanding that the 
License Fee should not be increased — an understanding which has been disre- 
garded by your Excellency in the Begulations of April the 2nd, 1844, and in 
subsequent Despatches and Kegulations. 

" 6thly. — Because your Excellency's new Begulations were made without 
consulting this Council, and. have been carried out in spite of its most earnest 
remonstrance. 

''Anxious however to extend to the Squatting Districts the means of 
securing peace and order, and to confer upon them some portion of those 
Civil Institutions from which your Excellency has seen fit so long to debar 
them, this Council is ready to co-operate with your Excellency in organizing 
and supporting for those Districts an efficient Police, and in establishing 
throughout them Courts of Petty Sessions, with the understanding that the 
Police, so to be constituted, shall not be employed, directly or indirectly, in 
collecting the Revenue which your Excellency claims to derive from the 
Waste Lands, or in enforcing in any other manner the allegod rights of the 
Crown." 

This, after two days' debate, was carried by 19 to 10. On 
9th Juue the Speaker reported that the Address had that day 
been presented to the Governor, and that the substance and 
tenor of the words used by His Excellency in reply were a9 
follows : — 

" Mr. Speaker, I am happy to say that this is an Address which requires 
no reply, nor do I intend to give it any. I thought it right to give the 
Council the opportunity of passing the Bill, if they thought lit. Perhaps I 
thought they would not pass it, and they have not ; but I do not see why, on 
that account, responsibility should be cast on me." 

The Abstract of Revenue and Expenditure for 1845 was 
laid, on 9th June, before the Council. A Financial Message, 
accompanied by the Estimates for 1846-7, was read on the 
same day. The Ordinary Eevenue of 1846 was £283,945 
16s, 2d. ; the expenditure chargeable thereon, £251,087 10s. 
J.ld. — an excess of Revenue over Expenditure of £32,858 
58. 3d. The total Crown Revenue was £65,134 2s. lOd. ; 
enlarges thereon, £28,632 18s. 2d. ; leaving a balance of 
£36,501 4s. 8d. The Estimates for 1847 required but little 
explanation. The Police Estimates were less by more than 
£12,000 than those for 1846 ; but the reduction was solely 
to be ascribed to the omission of the border and native 
police. The Council, having determined not to continue the 
assessment hitherto levied for the support of the police 
beyond the borders of location, that, force would have of 



124 New South Wales. 

necessity to be discontinued. Whilst the occupiers of Crown 
Lands continued to hold them on the present easy terms, it 
would be unjust towards the great body of colonists to defray 
any part of the expense of maintaining a police beyond the 
boundaries of location out of the revenue derived from 
general taxation. A considerable sum accruing from the 
assessment remained unexpended, and it was proposed to 
expend this, with the concurrence of the Council, in continuing 
the objects for which it was raised. No portion of the 
expense of the general police was charged in the manner 
directed by the Constitutional Act, as he felt that, pending 
the reference which had been made to Her Majesty's Govern- 
ment, he could expect no support from the Council had he 
made such a proposal. Appended to the Abstracts were 
statements of the expenditure under the Schedules A, B, and 
C, agreeably to the provisions of the Constitutional Act ; and 
appended to the Financial Minute was a statement of 
intended expenditure in 1847 for the services named in 
Schedule B thereof. 

On 11th June, relative to this Appropriation, Mr. Lowe 
moved a series of resolutions. The first of these — 

" That, subject to the three Schedules, A, B, and C, it is the undoubted right 
of this Council, and of Her Majesty's subjects within the Colony of New 
South Wales, to have all taxes, rates, duties, and imposts, levied on the said 
subjects, whether with the advice and consent of this or any former Council, 
appropriated to the Public Service within the said Colony, by Ordinances to 
be for that purpose enacted by the Governor, with the advice and consent of 
this Council, and in no other manner — 

passed without division. An amendment on the second hy 
Mr. Wentworth — 

"That leave be now given to bring in a Bill to repeal so much of all local 
Ordinances now in existence as assumes to vest the Appropriation of the 
Ordinary Revenue elsewhere than in the Legislative Council — 

was passed ; and the Bill was then read a first time. 

A resolution, moved hy Mr. Windeyer on 12th June, to the 
effect that a Committee he appointed to draw up an Address of 
thanks to Her Majesty for the change she had heen graciously 
pleased to make in the head of the Colonial Department of 
her Government, was negatived ; and an amendment hy Mr. 
Lowe to the following effect : — 

" That a Committee be appointed to draw up an Address to Her Majesty 
and petitions to both Houses of Parliament that they will be pleased to reform 
the system upon which the Colonial Department of Government is adminis- 
tered — 

was carried hy 17 to 5. 



Oooemor Gipps. 125 

Captain Wickham, R.N., in 1837 proceeded on an expedi- 
tion of maritime discovery to the unexplored portions of 
the Australian coast, in the course of which he discovered 
several important rivers on the north and north-west coasts 
— the Victoria River in latitude 14° 26'' south, longitude 
129° 22*^ east ; and on the north coast the Adelaide River, 
which empties itself into Van Diemen's Gulf ; also two 
rivers — ^the Alhert and the Flinders — both of which empty 
themselves at the head of the Gulf of Carpentaria. In 1838 
the discovery of the Clarence, by certain cedar-cutters; 
and in 1840 of Gippsland by a Mr. McMillan, and afterwards 
by Count Strzelecki, was niade. 

Dr. Ludwig Leichhardt, a German naturalist of the highest 
attainments, and an enthusiast in the cause of scientific 
exploration, started in August, 1844, for Port Essington from 
Moreton Bay. Dr. Leichhardt, who had recently arrived 
in the Colony, wished to accompany Sir Thomas Mitchell on 
a projected expedition to establish an overland route to 
Port Essingtjon, which had. been recommended by a Select 
Committee of the Legislative Council ; but the Governor 
refusing to place the necessary amount on the Estimates 
without the authorization of the Secretary of State, the 
proposal fell to the ground. However, private enterprise 
came to the aid of Leichhardt, and he made his memorable 
journey to Port Essington with a party of only nine persons, 
including two black natives, besides himself. He was so long 
away on the expedition that the belief was entertained that 
he had perished. A search party was sent out after him, but 
brought back no tidings. Li March, 1846, after an absence 
of nearly eighteen months. Dr. Leichhardt suddenly appeared 
in Sydney. His return was received with universal demon- 
strations of satisfaction. He had traversed for upwards of 
3,000 miles a country previously unknown to civilization, 
and had encountered and overcome all the difficulties and 
dangers incident to drought, flood, the vicissitudes of climate, 
and the hostility of the native tribes in the interior. Of the 
valuable tracts of land discovered by Dr. Leichhardt the 
country adjoining the Peak Range, about the 22nd parallel 
of latitude, and the Nonda country, to the southward and 
eastward of the Gulf of Carpentaria, appeared to be best 
adapted for pastoral purposes ; of the rivers, the Mackenzie, 
the Burdekin, the Lynd, the Mitchell, and the Roper were 
the most notable. One of the party, Mr. Gilbert, the 



126 New South Wales. 

ornithologist, was killed by the blacks during a night encamp- 
menty near the Gulf of Carpentaria. The settlement of 
Victoria, in Port Essington, was reached on the 17th Decem- 
ber, 1845, fifteen months from the day Leichhardt and his 
party set out from Moreton Bay. Dr. Leichhardt received a 
testimonial amounting to nearly £3,000. On 12th June, 
1846, a petition was presented to the Council praying that it 
would place £1,000 on the Estimates as an acknowledgment 
of the valuable services rendered by Dr. Leichhardt. On 
the same day a motion to that effect was made by Mr. 
Cowper, but was withdrawn. Dr. Leichhardt started on 
a second expedition, to cross the continent somewhere 
about the Tropic of Capricorn, to the Swan River on the 
west coast; but reverses coming upon him he reluctantly 
relinquished the undertaking and returned. Not disheartened, 
however, he again attempted to cross the island continent, 
starting towards the close of 1847. Although expeditions 
have been sent in search of him, and lately a Queensland 
settler professed to have discovered his relics, nothing has 
since been authentically ascertained regarding the fate of the 
unfortunate explorer and his party. 

In 1845 Sir Thomas Mitchell set out on a journey with the 
object of discovering an overland route to the Gulf of Car- 
pentaria. In the course of his travels he discovered a splendid 
tract of mountainous and pastoral country between the 147th 
and 148th degrees of east latitude, extending from the 26th 
parallel of south latitude to the tropic of CapricorA, with a 
general elevation of 2,000 feet above sea-level; discovered 
and crossed the Salvator, the Claude, the Nogoa, and Belyando 
B/ivers ; discovered and traced for 90 miles a river rising in the 
high land of the 25° parallel, which he named the Victoria. 

In August, 1844, Captain Sturt started from Adelaide, in 
South Australia, on an exploratory expedition to the un- 
known interior. After being detained for six months by 
drought, " he advanced through a succession of inhospitable 
deserts to 24^° south and 138° east, from which it appears 
that the great desert of Central Australia extends at least as 
far north as 24° south latitude, and as far east as the common 
boundary of New South Wales and South Australia — the 
141st meridian." Captain Sturt, however, discovered a large 
creek which he named Cooper's Creek, in the eastern part of 
this dreary region; and which he deemed, \\Tongly, to be 
the continuation of the Victoria River of Sir Thomas Mitchell. 



Oovertwr Oipps. 



127 



Mr. J. Eyre, during the period of Gipps' rule, discovered 
a remarkable salt-water lake, which he named Lake Torrens, 
to the northward of the settled portion of South Australia, 
and surrounding it like a horse-shoe. Finding it impossible 
to penetrate to the northward from South Australia, as he 
had been instructed to do, in consequence of this impass- 
able barrier obstructing his further progress in every cfirec- 
tion from east round by north to west, Mr. Eyre travelled 
overland, along the coast, to King George's Sound, in the 
Colony of Swan E;iver or Western Australia. Pursuing 
his way along the coast, with the desert on the right, and 
the Great Southern Ocean on the left for 1,200 miles, he over- 
came a series of obstacles of the most formidable character. 



The first census taken during the government of Sir 
George Gipps, in 1841, gave the population as 130,856 ; the 
second, in 1846, as 189,609. As we have seen, at the close 
of Sir Richard Bourke's administration it amounted to 
85,267 ; therefore it more than doubled itself during Sir 
George Gipps* eight and a-half years' term. 

Sir George Gipps retired from the Government of the 
Colony on 11th July, 1846. 

The following statistical information, giving a view of the 
progress of the Colony during Sir George Gipps's adminis- 
tration, is gleaned from the Registrar-Generars Returns : — 



Year. 


Population. 


Land under culti- 
vation. Revenue. 


Expenditure. Imports. 


Exports. 


1838.. 


. 97,912 


92,912 acs. £335,294 , 


£499,396 £1,579,277 


£802,768 


1839.. 


. 114,386 


95,312 , 


, 458,301 


579,765 2,236,371 


948,776 


1840.. 


. 129,463 


126,116 , 


, 683,112 


570,032 3,014,189 


• 1,399,692 


1841.. 


. 149,669* 115,130 , 


, 493,980 


232,298 2,52^,988 


1,023,397 


1842.. 


. 159,889 


126,874 , 


, 428,731 


498,182 1,455,059 


1,067,411 


1843.. 


. 165,541 


146,165 , 


, 350,891 


369,490 1,550,544 


1,172,320 


1844.. 


. 173,377 


144,661 , 


, 310,953 


345,584 931,260 


1,128,115 


1845.. 


. 181,556 


163,979 , 


, 366,687 


292,769 1,233,854 


1,555,986 


Year. 




HOFMS. 


Horned Cattle. 


Sheep. 


Pigs. 


1838 












1839 








1840 








1841 








1842 




56,585 


897,219 


4,804,946 


46,086 


1843 




62,017 


1,017,316 


5,055,337 


57,767 


1844 




71,169 


1,159,432 


5,604,644 


56,242 


1845 




82,303 


1,348,022 


6,202,031 


. 60,008 



Census taken 2nd Marcb, 1841, when the population numbered 130,856. 



128 New South Whales. 



CHAPTER IX 



GOVERNOR SIR CHARLES A. FITZ ROY -1846-1854. 

Opening of Session 1846 — Financial Message — Minimum upset price of land — Tnuia- 
portation — Select Committee on steam communication — Prorogation — ^Anti-trans- 
portation Committee — Be-assembling of Council — Finance — Squatting regulations — 
Select Committee's report — Coal monopoly — Resolutions on Transportation — Immigra- 
tion — Death of Sir George Gipps — Prorogation — Death of Lady Mary Fitz Roy — 
Session of 1848 — Despatch on separation of Port Phillip— Finance — Railways — 
Steam communication — Dissolution of Council — ^The Separation question — The new 
Legislative Council — Despatches on Separation and the Constitution — Despatch 
on Transportation — Despatch on Crown Lands — Finance — ^Railways — Select 
Committee on a Sydney University — Sydney Corporation — Postage Bill — Steam 
communication — Re emigration to California — Prorogation — Opening of Session 
1850 — The Transportation question — Finance — Constitutional — Colonial appoint- 
ments — Select Committees — Grievances — Anti-transportation League — Railways — 
First Session of 1851 — The new Constitution — Separation of Victoria — The Grievance 
petition — Prorogation — Gold discovery — Assembling of a new Legislative Council — 
Fitz Roy Governor-General — ^Despatches on Crown Lands— on Transportation — 
Second Grievance petition — ^Finance — Immigration — Steam communication — Mint — 
Defence — Military postage — Prorogation — Opening of Session, 1852 — Select 
Committee to prepare a Constitution for New South Wales — Earl Grey's reply to 
the Remonstrance — ^Answer to Earl Grey — Financial Message — Mr. Wentworth's 
resolution re Estimates — Second Financial Message — Gold-fields management — 
Select Committee on Immigration — Police Regulation — Clergymen's Stipends — Steam 
Communication — Cost of Military — Hon. E. Deas-Thomson — Railways — Close of 
Session — ^Legislative Session of 1853 — Sir John Pakington's Despatch — Duke of New- 
castle's Despatch — Resolutions in reference thereto— Select Conmnittee on Constitu- 
tion — Constitution Bill — Constitution Committee — ^Passing of the Constitution 
Act — Declaratory Resolutions — Finance — Water Supply — Dissolution of the Sydney 
City Corporation — Paris Universal Exhibition — Prorogation — Meeting of Legislative 
Council — Governor-General's Opening Speech — The War with Russia — Sydney Rail- 
way Company — Mr. Parkes on inferior Immigration — Branch of Royal Mint — Finance 
— Governor-General's Salary — Dr. Lang re Separation — Correspondence on Constitu- 
tion — Want of Confidence — Resolutions on Transportation — ^Darvall's resolutions 
adverse to Constitution Act — Select Committee on Immigration — Railway construc- 
tion—Crown Lands Inquiry — ^Asiatic Labour — ^Territorial Revenue — Farewell to 
Sir Charles Fitz Roy — Prorogation—Kennedy's Discoveries — Statistics. 

Sir George Gipps left the Colony on 11th July, 1846, and 
was succeeded on the 2nd of August by Sir Charles Augustus 
Pitz Roy, Knight; Lieutenant-General Sir Maurice O'Connell 
having administered the Government during the interim as 
Lieutenant-Governor. 

The second Session of the Legislative Council for 1846 was 
opened on 8th September. Mr. William Pitt Paithfull took 
his seat as Member for Argyle. 



Oovernor Fitz Boy. 129 

His Excellency Sir Charles Fitz Koy, in his Opening Speech, 
stated that the Queen having appointed him to the Govern- 
ment of New South Wales, he had deemed it his duty to call 
the Legislative Council together at the earliest moment 
of his administration that would suit their convenience. 
The Council was congratulated on the general prosperity 
of the Colony, after emerging in great measure from 
the difficulties it experienced under the late monetary 
depression. The Governor expressed his anxious and earnest 
desire, in administering the Government, to conduct it upon 
impartial, just, and constitutional principles, and to promote 
measures conducive to the well-heing, happiness, and comfort 
of the community. He had assumed the responsible trust 
which their Sovereign had confided to his care unfettered by 
preconceived opinions on subjects aflFecting the interests 
of any class of Her Majesty's subjects in the territory. The 
Estimates would be submitted with full reliance on the 
liberality of the Council to make such provision as the 
exigencies of the public service might require, and the 
prosperity of the public revenue might warrant. 

The Address in Reply was moved by Mr. Macarthur, 
seconded by Mr. Cowper, and adopted without division. 

Mr. Henry Watson Parker was elected Chairman of Com- 
mittees for the Session. 

On 16th September the Governor's Financial Message for 
1846-7 was received and read. Sir Charles Fitz Roy stated 
that he had adopted the Estimates of his predecessor, and 
now re-submitted them for the consideration of the Council, 
with certain alterations and additions. The total amount of 
the Additional Estimate for 1847 was £42,110 17s. 5d. By 
far the largest amount of the increase arose from the restora- 
tion of the Estimates for the Border and Native Police, which 
had been omitted in consequence of the contemplated ex- 
piration of the Crown Lands Occupation Act. This charge 
would not, therefore, constitute any actual increase in the 
expenditure of the Colony, though it would henceforth have 
to be defrayed out of the ordinary revenue, as soon as the un- 
expended balance should have been exhausted. It had been 
represented that as the duties of the Commissioners would 
now be in great measm^e confined to regulating and aiding 
in the collection of the license fees, and in other respects 
acting as guardians of the Crown Lands, their remuneration 
ought properly to be charged on the Crown revenues. It 
I 



130 New South Wales. 

had accordingly been proposed that the estimated charge on 
the general revenue should be reduced by transferring the 
amount of their salaries and allowances to the Crown 
revenues. With the proposed additions, the total amount 
of the estimated expenditure for 1847 was £297,518 15s. 6d.; 
the Ways and Means to meet which amounted to £316,770, 
leaving an estimated surplus on 31st December, 1847, of 
nearly £20,000. 

On 22nd Mr. John Fitzgerald Leslie Foster took his seat 
as Member for Port Phillip. 

The upset price of land formed the subject of debate in 
the Council on 25th September, when Mr. Robert Lowe 
moved a series of resolutions with regard to the same. The 
first of these — 

*' That the raising tlie mimmuin upset price of land first to 128., and 
aftenvards to £1 per acre, has rendered waste land unsaleable" — 

was carried by 12 to 7. Mr. Lowe then moved — 

" That while this price is maintained the squatting question can never be 
settled on a just and satisfactoij basis." 

An amendment by Mr. Wentworth, referring the question to 
a Select Committee, was negatived by 11 to 10, and the 
question then passed without division. The next resolution, 

" That the minimum upset price of land ought to be reduced to a sum not 
-exceeding its value" — 

passed without division. The next resolution was for an 
address to the Governor, praying him to take the matter into 
consideration. Several amendments thereon were proposed, 
one of wliich, by Mr. Windeyer, requesting the transmission 
of the resolutions to the Home Government, was carried by 
10 to 8. 

On 7th October the Colonial Secretary laid upon the table 
a despatch, on the subject of transportation, from the Secre- 
tary of State for the Colonies — (Right Hon. W. E. Glad- 
stone). This announced the intention of Her Majesty's 
Government not to alter the practice of transportation, so 
far as New South Wales was concerned, without the general 
approval of the Colony, or of the portion of it to be affected 
by such alteration. At the same time, while Her Majesty's 
Government desired to lessen the number of convicts yearly 
sent to Van Diemen's Land, they were disposed to doubt 
whether the absolute exclusion of transported convicts from 
New South Wales should continue. The Home Government 
sympathised with the impatience of the colonists of New 



Governor Fitz Roy. 131 

South Wales under the system which prevailed there some 
years ago, and could well understand that the recurrence of 
that system, the resumption of transportation on a scale 
even faintly resemhling the former one, must be regarded with 
a just jealousy and alarm. But the question was essentially 
and entirely different, as to whether it might not be in 
a measure favourable to the material fortunes of New South 
Wales, and unattended with injury to its higher interests, to 
introduce, either directly from England at the commence- 
ment of their sentences, or from Van Diemen*s Land at some 
period during their course, a number of prisoners small in 
comparison with the number carried to the Colony under the 
former system of transportation, and smaller still relatively 
to the augmented population among whom they would now 
be dispersed. The prisoners, likewise, would be employed 
upon a system different from that of former times, under 
which the abuses then complained of were generated. It 
would be acceptable to Her Majesty's Government if the 
Members of the Legislative Council would show a disposition 
to concur in the opinion that a modified and carefully regu- 
lated introduction of convict labourers into New South Wales 
might be advisable. In view of an approaching period when 
the supply of free labour in the Australian Colonies would 
be below the demand, the desirableness was suggested of 
framing arrangements by which persons having passed 
through their period of probation in Van Diemen's Land 
might be introduced into New South Wales or Port Phillip. 
It would also be for consideration whether there were or were 
not certain descriptions of occupation, for the sake of which 
it might be desirable regularly to introduce a limited number 
of convicts from England into the Colony — ^viz., the execution 
of public works generally, and the making and repair of 
roads. Though the despatch was marked " private and confi- 
dential,' ' it would be at the discretion of the Governor to 
make it public, should he consider it expedient to do so. 

A Select Committee was, on 13th October, appointed on 
the motion of Mr. Wentworth to report upon this despatch. 
Numbers of petitions were, on 30th October, presented to the 
Legislative Council, from inhabitants of most of the pro- 
vincial centres and the metropolis, against the revival of 
transportation. To one of these, adopted at a public meeting 
in Sydney, and setting forth " That this meeting has heard 
with the deepest feeling of alarm and regret that it is pro- 
posed to renew the system of transportation to this Colony, 



132 New South Wales. 

and they cannot conceive any circumstances under which 
such a measure would be justifiable/* — 7,000 signatures were 
attached. On 31st October Mr. Cowper moved that the 
several petitions presented by him on the previous day 
against the revival of transportation be printed. This was 
negatived without division. 

The Report of the Select Committee on Transportation, 
brought up on 31st October, was in effect a tacit concurrence 
with the despatch of the Secretary of State, with recom- 
mendations as to the importation of an equal number of 
females, simultaneous free immigration, and the non-aggre- 
gation of convicts in masses. 

During the passing of the Estimates this Session, the 
following address, on the motion of Mr. Went worth, was 
agreed to by the Council : — 

" We, the Members of the Legislative Council of New South Wales, in 
Council assembled — perceiving that your Excellency has placed on the 
Estimates of Expenditure several Departments for wnich provision is made 
by Schedule A to the Act of Parliament 5 and 6 Victoria, cap. 76, annexed 
— desire most respectfully to intimate to your Excellency that, being thus 
called on to vote a Supplement to the Services in the said Schedule enumer- 
ated, we claim the rignt, as heretofore, to fix the amount to be appropriated 
to every detail of such Services, except such as are specifically provided for 
in such Schedule. At the same time, we respectfully beg to assure your 
Excellency that we have no intention, in asserting this right, to propose 
alterations in any of the salaries in the said Schedule to which the faitn of 
Her Majesty's Government has already been pledged." 

The Appropriation Bill was passed on 27th, and assented 
to on 30th October. A Bill to prevent party processions in 
New South Wales was passed on 22nd October. 

A Select Committee appointed on the 16th September, 
" to take into consideration the best means of establishing 
steam communication between the Colony and England" — 
reported on 27th October. They recommended the adoption 
of a route via Singapore and Torres Straits. As a means of 
providing for the expense, it was proposed to charge Is. on 
all ship letters transmitted, payable at the place of despatch; 
also, that there should be a small charge on newspapers. 
There was no doubt that the establishment of a regular 
monthly communication by steam would vastly increase the 
postal revenue. The collateral advantages also of the in- 
creased number of passengers, and amount of freight which 
would be obtained on the other portions of the line, for 
which a contract was held by the Peninsular and Oriental 



Governor Fitz Boy. 133 

Steam Navigation Company, should form a strong induce- 
ment to their undertaking the extension of the line from 
Singapore to Sydney. 

The Governor prorogued the Council on 31st October. 
The Council was thanked for the liberality with which 
it voted the supplies for carrying on the service of the 
Government, and especially for the readiness with which the 
Supplement to Schedule A (for the expenses of the Adminis- 
tration of Justice) had been agreed to. It was hoped that 
it would not be necessary that this Supplement should be 
availed of, as there was an unexpended balance on Schedule B, 
which could be made applicable to the purpose. 

During the recess an Anti-transportation Committee was 
formed, and a wide-spread agitation against the proposals 
of the Secretary of State began amongst the public. The 
Anti-transportation Committee, in view of the refusal of 
the House to print their petition, adopted a memorial to 
the Governor praying him to transmit oflBicial copies of the 
petition to England, to which memorial His Excellency gave 
a favourable reply. The movement spread to Port Phillip, 
where an Anti-transportation meeting was held, and a 
memorial to the Legislative Council against the proposal of 
the Secretary of State was unanimously adopted. 

On the 4th May, 1847, the Council re-assembled. The 
Gk)vernor in his Opening Speech stated that the general con- 
dition of the Colony was matter for congratulation. The 
revenue was in a flourishing condition ; the slight deficiency 
in the amount collected in 1846, as compared with the 
revenue of 1845, had chiefly arisen from the discontinuance 
of the assessment levied on stock beyond the boundaries for 
police purposes, and the reduction of the duties on spirits. 
The amount already at the credit of the Crown revenue 
would enable the Government to pay off, in the course of the 
current year, the whole of the outstanding debentures, 
amounting to nearly £100,000, which were issued to meet 
the expenses of immigration in former years. As this would 
leave the territorial revenue wholly unencumbered, and con- 
sequently available as an adequate security for any fresh 
debentures which it might be thought desirable to issue for 
a similar purpose, he (Sir Charles Eitz Roy) had strongly re- 
commended to Her Majesty's Government the immediate 
resumption of immigration to the extent of 5,000 statute 



131 New South Wales. 

adults. There existed a pressing demand for a further 
supply of labour ; and he had been impressed with the per- 
suasion that a regular and copious supply of labour was 
necessary to promote and maintain the chief objects of 
colonial industry. The financial papers for the year would 
be submitted without delay. Her Majesty's Govern- 
ment had determined to surrender to the Legislature of 
the Colony the right of appropriating the casual revenue, 
of the Crown collected therein. In the despatch from 
Earl Grey which communicated this important conces- 
sion. His Lordship observed that "the simi set apart for 
a Civil List is as large a part of the revenue of the Colony 
(other than the land revenue) as Parliament designed 
to withdraw, or as is desirable to withdraw, from the control 
of the local Legislature." On the part of Her Majesty's 
Government, His Lordship entirely disclaimed any wish to 
augment that deduction. Under that decision, therefore, it 
would be his (Sir Chas. Pitz Boy's) duty in future to place at 
the disposal of the Council the appropriation of the casual 
revenue or droits of the Crown, as part of the Ways and 
Means of the annual financial arrangements ; the territorial or 
land revenue being, as theretofore, subject to be appropriated 
under the direction of Her Majesty's Government. Several 
despatches on this and other subjects would be laid before 
the Council. 

The Address in Reply, moved by Mr. Cowper, was adopted 
without division. 

Mr. Henry Watson Parker was again elected Chairman of 
Committees for the Session. 

The Colonial Secretary, on 11th May, laid before the 
Council the Abstract of the Revenue and Appropriation for 
1846 ; also a Statement of the Expenditure under the 
Schedules to the Constitutional Act, for the same year. The 
total revenue for 1846 (exclusively of the territorial and 
casual revenues of the Crown) was £264,552; a balance 
from 1845 of £67,967 augmented this to £322,519. The 
total disbursements reached £269,590 2s, ll^d., leaving a 
balance of £52,928 17s. O^d. The Crown revenues (includ- 
ing a balance of £64,585 9s. lid. from 1845) amounted to 
£146,514 6s. 9d. ; the disbursements, to £36,140 7s. 4d. An 
unexpended balance of £110,373 19s. 5d. remained. 

The Financial Minute, together with the Estimates for 
1848, was laid before the Council on 23rd June. The 



Qovemor Fitz Moy. 135 

Governor stated that, so far as could be judged, there was 
every prospect that the Ways and Means for 1817, as 
estimated in the previous Session, would be realised. In 
submitting the Estimates for 1848, the Governor regretted 
to have to state that it had been found necessary to omit 
appropriations for several works and objects of public utility 
and benefit for which, uader different circumstances, he would 
gladly have made provision. The necessity for the reduc- 
tions which he had been compelled to make — ^amounting 
to upwards of £30,000 — ^had originated chiefly from the 
reductions in the revenue which had taken place within the 
last four years. The principal of these were : In 1843, the 
reduction of the tonnage duties to one half — estimated at 
£1,165 ; in 1815, the reduction of the duties on spirits from 
12s. and 9s. to 6s. and 3s. 6d. per gallon — estimated at 
£21,271 ; in 1846, the discontinuance of the assessment on 
stock, estimated at £31,000 ; and the reduction of wharfage 
duties, estimated at £3,824. This made in all a diminution 
in the revenue little short of £60,000 per annum. It had, 
in consequence, been found impossible, notwithstanding that 
the Estimates had been prepared with every regard to 
economy, to keep the proposed expenditure within the 
estimated amount of revenue, unless some portion of that 
which had been reduced should be again restored. The 
Governor proposed, therefore, to lay before the Council a 
Bill to re-impose the assessment on stock beyond the boun- 
daries, to the extent, however, of only one-half the former 
rates. The estimated amount to be derived from this source 
would be £16,000. If, contrary to expectation, the Council 
should see fit to decline entertaining this proposal, it would 
be necessary for the Governor to review the Estimates, in 
order that a reduction might be made upon them to the 
extent, at least, of the estimated produce of the assessment 
contemplated. In the present state of the question relating to 
District Councils, and pending the decision of Her Majesty's 
Government upon the subject, the Governor did not propose 
to make any change in the system which had been acted on 
during the past few years, of placing the whole of the 
charges for police and schools upon the general revenue, 
without calUng upon the municipal bodies to make any 
contribution towards the same. The Governor had proposed 
for the ensuing, as for the last year, a Supplement to 
Schedule A, for the Administration of Justice, which was 
absolutely required. A sum of £2,000 was proposed to 



136 New South Wales. 

be applied to meet the expenses of schools on the principle 
of Lord Stanley's national system of education. For the 
Denominational schools, established under and prior to the 
regulations of 184»1, an additional provision had been found 
necessary, at the rate of £1,780 per annum. Finding that 
the expenses of that class of schools were rapidly increasing, 
the Governor had deemed it necessary to notify that no sum 
in addition to the proportionate expenditure for the first 
quarter of that year (1847) would be placed on the Estimates. 
The whole of the charges for 1848 might be taken at 
£296,226 4s. 3d.; the Ways and Means to meet which 
were estimated at £306,660. So that it was estimated that 
there would remain a surplus of revenue over expenditure 
of about £10,324. 

A message was read from the Governor cm 1st June, trans- 
mitting a copy of a despatch from the Right Honorable Earl 
Grey, expressive of the general views of Her Majesty's 
Government in regard to the Waste Lands of the Crown in 
the Colony, and enclosing a copy of certain Regulations 
which it was in contemplation to establish, in pursuance of 
the " Act to amend an Act for regulating the sale of Waste 
Lands belonging to the Australian Colonies, and to make 
further provision for the management thereof," passed by 
the Imperial Parliament in the preceding Session. This Act 
imposed certain penalties for the unauthorized occupation of 
Crown Lands. 

Mr. Lowe on 18th Jime moved : — 

** That, with referenctj to tho proposed Orders in Council, laid on the Table 
of this House on the Ist of June, 1847, this House re-affirms the resolution 
agreed to on the 25th of September, 1816 ; that is to saj, * That while the 
minimum upset price of £1 per acre is maintained, the squatting question 
can never be settled on a just and satisfactory baflis.' " 

Mr. Darvall moved the previous question, which was nega- 
tived hy 14 to 10. 

On 23rd July a Committee was appointed, on the motion 
of Mr. Foster, to report upon what ought to be the minimum 
upset price of land in New South Wales. 

On 3rd August a copy of a despatch from the Secretary of 
State on the subject of the proposed Orders was laid 
before the Council. Earl Grey therein stated that, before 
proceeding further with the contemplated measure, he 
considered it of much importance to obtain the advice of the 
late Governor of New South Wales ; and that before his 
lamented death Sir George Gipps had given him advice and 



Qofoemor Fitz Bay. 137 

assistance in the revision of the proposed regulations. He 
trusted that the Orders in Council which were at length trans- 
mitted would be found to contain provisions calculated to pro- 
mote both the immediate and the future welfare of the Colony. 

The Orders in Council annexed to this despatch divided 
the Colony into three districts — the settled, the intermediate, 
and the unsettled. Leases for runs of land within the 
unsettled districts were to be granted for not more than 
f oiu-teen years ; the rent for which was to be proportioned to 
the number of sheep, or equivalent number of cattle, which the 
run should be capable of carrying. Each run should be capable 
of carrying at least 4,000 sheep, or an equivalent number 
of cattle ; and should not in any case be let at a lower rent 
than £10 per annum, to which £2 10s. should be added for 
every additional 1,000 sheep, or equivalent number of cattle, 
which the run should be estimated as capable of carrying. 
The Commissioner of Crown Lands was to name one valuer, 
and the occupier another, and by these a referee was to be 
appointed. The rents of runs were not to interfere with any 
existing assessments on sheep or cattle, nor with the right 
of the Colonial Legislature to impose from time to time such 
assessments as might be deemed advisable. The rules appli- 
cable to intermediate lands were to be the same as those 
for unsettled lands, save . that the leases should not be for 
more than eight years, and that it should be competent for 
the Governor, after sixty days' notice, to offer for sale all 
or any part of the lands within the said run. Leases of the 
settled lands, exclusively for pastoral purposes, should be 
granted for terms not exceeding one year ; and it should be 
competent for the Governor to make general rules under 
which holders of purchased lands in the settled districts 
should be permitted to depasture, free of charge, any adjacent 
Grown Lands. 

The despatch and the Orders in Council were, on 10th 
August, referred, on the motion of Mr. Lowe, to the Com- 
mittee appointed to inquire into the minimum upset price 
of land. 

This Conunittee (Chairman : Mr. Robert Lowe) brought up 
an elaborate report on the 27th September, of which the 
following is a digest : — It appeared, from the testimony of 
all the witnesses examined, that the sum of £1 per acre did 
not represent, in any degree, the exchangeable value of land 
in New South Wales. The declaration of Parliament, there- 
fore, that land should not be sold till it realized £1 per acre, 



138 New South Wales. 

amounted to a declaration that, except under particular 
eircumstances, land should not be sold at all. A table of 
the sums realized from the sale of land since 1837 showed 
that the sum realized by land sales in 1846 was less by 
£3,000 than one-fourth of that derived from the same source 
in 1837. It would also be observed that, in the five years 
which had elapsed since the raising of the minimum price to £1 
per acre, the whole sum realized by land sales was two-thirds 
of the sum realized in the single average year 1837 ; and the 
whole number of acres sold was less than one-eighth of the 
number sold in 1837. The result was more striking when it 
was observed that in 1837 the population of the Colony 
amounted to 85,000 persons, while in 1845 the population 
amounted to more than 196,000. Thus, by unwise legislation, 
had the permanent settlement been retarded in proportion 
as the demand for it had increased ; and thus was the fallacy 
that land could be made saleable at this price by the intro- 
duction of population practically refuted. It had been said 
by Sir George Gipps that it was to the late general insolvency, 
and not to the high minimum price, that the cessation of 
land sales was to be attributed. If so, the same paralysing 
influence would extend to all other markets ; but while the 
exports, the shipping, the circulating medium, and the popu- 
lation of the Colony had doubled, and while the proceeds of 
sales by auction had increased one-fourth, the proceeds of 
sales of land had decreased by more than three-fourths. So 
that it could not be the case that the late insolvencies were 
the cause of the falUng off in the proceeds of the Land Pund. 
The Government, the great proprietor of land, insisted upon 
holding the commodity of which it had practically the 
monopoly, till it realized an almost prohibitive price. 
Thus, while every other branch of industry was carried 
on with greatest activity and success, the settlement of 
the country stood still, and the mind was astonished by 
the anomalous spectacle of a colony active, enterprising, 
and energetic in all things, save in the one for which it was 
founded — colonization. It could be proved by unquestion- 
able evidence that it was not with a view to the welfare 
of New South Wales, but of South Australia, that the 
prohibitory price had been imposed. Colonel Torrens and 
his brother Commissioners, the founders of the South 
Australian Colony, felt that it would be impossible to 
obtain £1 an acre for land there, while land of the same 
quality could be obtained in New South Wales at 5s. 



Ooverncr Mtz Roy. 139 

The present and actual interests of the older Colony had 
therefore been sacrificed to the present and yisionary prospects 
of the younger. But the ruin of the land fund of the 
Colony, the dispersion of her people, and the stoppage of 
immigration, had not been the only results of this high 
minimum price. The most serious result was embodied in 
the Act of the Imperial Parliament (10 Vic. c. 10) and the 
Land Orders issued thereunder, which had been referred to 
the Committee by a vote of the Council. The Imperial 
Parliament could enact that land should not be sold for less 
than £1 per acre, but could not make the land worth the sum, 
nor declare, because it was unsold, that it should be un- 
occupied, nor prevent those who then occupied it from draw- 
ing the inferences which their situation naturally suggested. 
The squatters, forced to occupy and forbidden to buy — ^for- 
bidden by the policy of the Government to acquire lands by 
purchase, and allowed to occupy till that impossible event 
should take place, saw that they had obtained, through the 
impossibility of purchase, all that a purchase coidd have given 
them ; and that the law which rendered these lands unsale- 
able virtually gave them away to their present occupants. 
Hence arose a party in the Colony who began to feel they 
had a vested interest in maintaining the prohibitory price, as 
a guarantee that their occupation would never be disturbed. 
The policy of Sir George Gipps served only to accelerate the 
crisis which nothing but a repeal of the prohibitive law could 
effect. The result had been that the Home Government had 
taken another step in advance, and by treating the imagina- 
tion of £1 an acre as a reality, and leaving the Crown Lands 
to their present occupants till sold at £1 per acre, had in a 
manner alienated the possessions of the British Crown in 
New South Wales. Passing to the examination of the Orders 
in detail, the Committee observed that, if the minimum upset 
price were to be maintained, the lands would be substantially 
divided by the Orders into two classes — the confiscated and 
the unconfiscated ; the former being equivalent to the inter- 
mediate and unsettled, and the latter to the settled districts. 
If land were to remain in the possession of its present 
occupant till sold at £1 an acre, it mattered not whether a 
lease were held for eight or fourteen years, it was his, and 
his for ever, not because his title was good, but because no 
one would be in a position to avail himsdf of its defects. 
Adverting to the local divisipn of the Colony contained in 
these Orders, the Committee expressed, surprise that so narrow 



140 New South Wales. 

a space should be allotted to the settled and intermediate 
districts respectively, and that these divisions should have been 
formed with so singular a disregard of the local peculiarities 
of the Colony. A prohibition to cultivate was contained 
in a section of these Orders. This the Committee objected 
to. It was intended to compel the purchase of land by giving 
the owner in fee simple a monopoly of the employment of 
agriculture ; and as land could never be sold to any extent 
at the present minimum price, this amounted to an absolute 
prohibition, of cultivation altogether. Having first decreed 
that land should remain unsold, the Government superadded 
the condition that when it was unsold it should be uncultivated. 
Oat of a ten-itory of 300,000,000 acres not 25,000 had been 
sold in the last four years, and if the 300,000,000 acres were 
to remain desolate till bought at this rate, it would require 
48,000 years for the completion of such an operation. The 
rate imposed was very small, being three-fifths of a penny for 
each sheep. It appeared also that each run was to be capable 
of supporting at least 4,000 sheep ; consequently a number 
of the humbler squatters would be dispossessed to make way 
for their richer neighbours. Under the 9th section, cap. TI of 
the Orders," nothing in the leases was to prevent the Governor 
from disposing of the land within the nms for any public 
purpose, or for otherwise facilitating the improvement of the 
Colony. These words denoted the absolute dependence of 
the squatter on the will of the Crown. The provision con- 
tained in the 4th chapter of th6 Orders for granting leases 
for exclusively pastoral purposes would ruin many industrious 
persons, who, utterly unable to purchase land at £1 an acre, 
had cultivated waste lands, to the great advantage of sur- 
rounding settlers. The despatch of Earl Grey accompanying 
these Orders was next reviewed by the Committee. They 
could not acquiesce in the proposition contained therein, that 
a high-priced land and the squatting system could mutually 
support each other. In no case could the system of sale and 
occupation without sale mutually support each other. Sale 
was the antagonist of temporary occupation, and this in turn 
was the antagonist of sale. If sale were brisk it destroyed 
temporary occupation ; if temporary occupation were pre- 
valent it destroyed sale. 

The Bill referred to in the Opening Speech, to authorize an 
assessment on stock pastured beyond the settled districts, 
passed on 25th August. 



Oovernor Fitz Boy. 141 

A Select Committee was, on 11th May, appointed to corre- 
spond with the Hon. Francis Scott, Agent for the Colony. 

A Select Committee on Police, appointed on 11th May, at 
the instance of Mr. Cowper, reported on 10th December. 
The next Council was urged to take up the subject, and to 
proceed in this important investigation until the desirable 
end was attained, of having an eflB.cient police established 
throughout the Colony. 

On 28th May, Mr. Grant moved certain resolutions in regard 
to the monopoly of coal by the Australian Agricultural 
Company, which had been granted in 1826, by a mere letter 
from Earl Bathurst — the said monopoly being in direct 
violation of a statute by which the power of the Crown itself to 
grant any such monopoly was expressly debarred for all time 
coming. An amendment by Mr. Murray, that the question 
be referred to a Select Committee, was carried. They reported, 
on the 15th September, that they had entered into a detailed 
investigation of the matter referred to them; but they deemed 
it now unnecessary to present such a report, as, on 17th 
August, it was oflBicially notified to the Legislative Council 
that an arrangement had been made in England between Her 
Majesty^s Government and the Directors of the Company, by 
which the agreement referred to, giving the latter exclusive 
advantages in the working of coal, had been terminated. 

The subject of transportation was on 14th September 
brought before the Council by Mr. Cowper, who moved : — 

" (1.) That this Council disapproves of the principles avowed and recom- 
mendations contained in the Beport of the Select Committee appointed on the 
13th October, 1846, to inquire into and report upon the Despatch of the 
Bight Honorable the Secretary of State for the Colonies, to Governor Sir 
Charles Eitz Boy, dated 30th April, 184G, respecting the renewal of trans- 
portation to this Colony ; and desires to record the expreesion of its opinion 
that a return to the system of transportation and assignment would be 
opposed to the wishes of this commumty, and would also be most injurious 
to the moral, social, and political advancement of the Colony. 

" (2.) That an address be presented to His Excellency the Governor, trans- 
mitting a copy of the above resolution, and respectfully requesting that His 
Excellency will be pleased to forward the same to the Bight Honorable the 
Secretary of State for the Colonies, for the information of Her Majesty's 
Government." 

This was carried by 11 to 7. 

On 18th May a Select Committee on Immigration was 
appointed, on the motion of Mr. Cowper. In their Report, 
submitted on the 14th September, the Committee stated that 



142 New South Wales. 

at no period since the foundation of the Colony had there 
been so great, so pressing a demand for labour as at that 
moment. On 21st September, a series of resolutions were 
adopted by the Council, setting forth the immediate necessity 
for the introduction from Great Britain of suitable immigrants ; 
the danger of the importation of coolies from India and 
savage nations from Polynesia, to which the scarcity of labour 
had given rise; and the advisableness of securing certain 
sums on the territorial revenue of the Colony, to be expended 
for the purposes of immigration. Addresses to the Queen 
and both Houses of the Imperial Parliament on the subject 
were adopted on 29th September. 

The Estimates having passed through Committee, the 
Appropriation Bill was introduced on 24th September, passed, 
and was assented to on 2nd October. 

A Bill to repeal the lien on Wool Act, introduced on 28th 
May by Mr. Wentworth, was passed on.2nd July. A Bill to 
amend the Law of Libel introduced by Mr. Windeyer, 
passed on 6th August. 

A Bill to define the duties chargeable on Spirits was intro- 
duced by message on 18th June. On home-distilled spirits a 
duty of 3s. 6d. per gallon was levied ; on rum and whisky 
imported, a duty of 3s. 6d. ; upon all other imported spirits, 
6s. per gallon. The duty imposed on liqueurs and wine 
containing above 25 per cent of alcohol was 6s. per gallon. 
The Bill was assented to on 16th August. 

On 6th July the death of Sir George Gipps was announced 
to the Council. Pursuant to a motion by the Colonial 
Secretary (Mr. E. Deas Thomson) — 

" That in testimony of respect to the memory of Sir George Gipps, late 
Governor of New South Wales, the melancholy intelligence of whose death 
has this evening reached the Colony, the proceedings of this House be now 
adjourned — " 

the Council adjourned accordingly. 

The Council was prorogued on 2nd Octoher. The Governor, 
in his Speech, announced that the important alteration made 
in the principle of charging the duties on spirits by removing 
those of a discriminating nature, would, it was hoped, be 
advantageous to the Colony, and to those countries with which 
it was desired to open out a direct intercourse. The additional 
funds which it was anticipated would be realized under the 
enactment for the assessment on stock beyond the boundaries 
would enable the public service to be carried on without 



Governor FUz Roy. 143 

embaTrassment. The address to the Sovereign on the subject 
of immigration would be forwarded, with the strong recom- 
mendation that such measures as might be found practicable 
in reference thereto might be speedily adopted. 

The melancholy death of Lady Mary Fitz Roy, the wife of 
the Grovemor — by an unfortunate accident through which 
she was violently thrown from her carriage and instantly 
lolled, — took place at Farramatta, on the 7th December, 1847. 

The Session of 1848 commenced on 21st March. Mr. 
Stuart Alexander Donaldson took his seat as Member for 
the Electoral District of Durham, in room of Mr. Richard 
Windeyer, deceased. 

The opening Address, delivered by message from the 
Governor, was read by the Speaker. It stated that the 
Council had been called together at so early a period on 
account of its approaching dissolution. Notwithstanding 
the commercial depression prevailing in the mother country, 
and the consequent low prices of colonial produce in that 
market, the chief resources of the Colony continued to 
increase in a manner alike rapid and surprising. The exports 
of wool — its main staple — ^reached in the year 1817 the large 
quantity of upwards of 22,000,000 lbs., of the official value of 
£1,260,000, being an increase on the previous year exceeding 
5,700,0001bs. in weight, or equal to the whole export of that 
article in 1838. As no community in the aggregate could 
long continue to be prosperous where the fair profits of the 
capitalist were liable to be absorbed in the payment of exces- 
sive rates of wages, he (Sir Charles Fitz Roy) had endea- 
voured, by seeking fresh supplies of labour from the mother 
country, to restore that equilibrium between the two classes 
80 essential to the general welfare. The anticipations enter- 
tained in the last opening address had been fully realized. 
The whole of the Land and Immigration Debentures had 
been paid off, and the Territorial R evenue had exhibited so 
prosperous a state as to have enabled the Governor to request 
the Home Government — in addition to the 5,000 statute 
adults already coming from England, to send an equal 
number in the ensuing season. A despatch had been 
received from the Right Hon. Earl Grey, setting forth 
the terms on which Her Majesty's Government would 
be disposed to send out exiles and ticket-of-leave holders, 
to be subsequently followed by their wives and families 



144 New South Wales. 

and by an equal number of free emigrants, at the ex- 
pense of the British Treasury. This proposal was made 
subject to the concurrence of the Legislative Council; 
and it was recommended to their early and earnest considera- 
tion. Immediately on the receipt of Earl Grey's despatch 
of 31st July, 1847, it had been published for general informa- 
tion. It communicated the important decision of Her 
Majesty's Government of proposing to Parliament the erec- 
tion of the District of Port Phillip into a separate Colony, 
under the designation of " Victoria." It also communicated 
the intentions of the Home Government with respect to some 
important alterations in the Constitution of New South 
Wales and the neighbouring Colonies. The revenue con- 
tinued in a very prosperous state ; and the financial papers 
would shortly be submitted. A Board had been appointed 
to superintend the temporal regulation of the Denominational 
Schools supported in whole or in part from public funds ; 
leaving as theretofore the religious instruction of the 
children in those schools entirely under the control of the 
clergymen of their respective denominations. A separate Board 
had also been appointed to superintend the establishment of 
schools under Lord Stanley's National system. It was con- 
fidently expected that the establishment of these Boards 
might be attended with beneficial results as regarded the 
general education of the people ; but there was yet much 
to be done beyond the settled districts, and it was intended 
to propose the appropriation of part of the Assessment on 
Stock revenue for this purpose, when the Estimates were 
submitted. A despatch from the Secretary of State on the 
subject of establishing steam communication between Eng- 
land and the Colony by way of the Cape of Good Hope 
would be laid before the Council. A despatch, transmitting 
various Railway Reports, would be submitted for the guidance 
of the Council ; and the great importance of establishing 
such means of communication at the earliest possible period 
in the Colony was pointed out. 

The Address in Reply was adopted, on motion of Mr, 
Donaldson, without division. 

Mr. Henry Watson Parker was again elected Chairman of 
Committees for the Session. 

On 21st March the despatch from the Secretary of State, 
regarding the separation of Port Phillip from New South 
Wales, and certain changes in the Constitution, was laid 



Governor Fitz Boy. 145 

before the Council. The principle of self-government in the 
districts most remote from Sydney — the despatch stated- 
had been acted upon almost as imperfectly as if the conduct of 
local affairs had remained under the same management and 
institutions as .those which the existing system superseded. 
It was true Members were chosen to represent those districts 
in the Legislature ; but such of the residents of Port Phillip 
as were qualified for that trust were unable to take it, at the 
expense of abandoning their residences and their pursuits in 
the southern Colony. Her Majesty^s Government therefore 
hoped, in the next Session of Parliament, to introduce a Bill 
dividing New South Wales into two Colonies, the Northern 
division retaining the existing name, the Southern to be 
called Victoria. The effect of this alteration would be to 
render inevitable some changes in the existing constitution 
of the Northern Government. There were many reasons for 
believing that the more ancient system of Colonial Govern- 
ment, by which every new law was submitted to the separate 
consideration of two distinct Houses, and required their joint 
consent for its enactment, was the best calculated to ensure 
judicious and prudent legislation. In this despatch a sugges- 
tion was made that the Legislature might be constituted 
by a kind of secondary election. In revising the Constitu- 
tion of New South Wales it would be necessary to consider 
what changes ought to be made in the existing law for the 
creating of Municipalities, in order to secure to those bodies 
their just weight and consideration, and especially whether 
they might not be made to bear to the House of Assembly 
the relation of constituents to representatives. Some method 
was also to be devised for enabling the various colonial Legis- 
latures to co-operate with one another with regard to laws 
enacted for their common interests. 

Relative to this despatch, Mr. Wentworth, on 2nd May, 
moved a series of resolutions which affirmed that the erection 
of Port Phillip into a separate Colony might be effected 
without any material change in the Constitution of New 
South Wales, and protesting generally against the consti- 
tutional changes shadowed forth by Earl Grey. An amend- 
ment by Mr. Cowper, referring the question to a Committee 
of the Council to frame resolutions thereupon, passed without 
division. The matter was considered in Committee ; but on 
9th May the question was shelved, on a motion by Mr. 
Wentworth being carried that the Chairman report progress 
that day six months. 



146 New South JFalea. 

Relative to the despatch on exiles, a resolution by Mr. 
Wentworth was carried on 7th April, to the effect that the 
Council was disposed to co-operate with the Home Grovem- 
ment in carrying out the scheme of reformatory discipline 
indicated therein ; but urged, as a point of the greatest 
importance to the complete success of the measure, that the 
wives and families of the exiles should accompany rather 
than follow them. 

On 22nd March Mr. John Moore Cole Airey took his seat 
as Member for Port Phillip, in room of the Rev. John Dun- 
more Lang, whose seat had become vacant by his absence 
without permission for two successive Sessions from the 
Council. On 11th April Major-General Edward Buckley 
Wynyard was introduced as a non-elective Member of 
the Council, and took his seat in the room of Sir Maurice 
Charles O'ConneU, who had ceased to hold the command of 
Her Majesty's troops in the Colony. On 11th May Mr. 
Charles Hotson Ebden took his seat as Member for Port 
Phillip, in room of Mr. Edward Jones Brewster, resigned. 

The Abstracts of Revenue and Expenditure for 1847 were 
laid upon the Council table on the 18th April. Therefrom 
it appeared that the general revenue for 1847 reached 
£273,011 7s.; a balance of nearly £53,000 from 1846 made 
the total £325,940 48. 9Jd. The Disbursements for the 
year were £208,153 5s. 5^d. ; the amount transferred in aid 
of the Schedules under the Constitutional Act was £81,610. 
A credit balance remained of £36,176 19s. 3f d. 

On the 2nd May the Financial Minute, with the Esti- 
mates annexed, was submitted to the House. The Council 
would perceive (the Minute stated) that whilst the revenue 
had considerably exceeded the estimate formed of it, the 
expenditure had been kept within the sums voted for the 
service of the same ; the result had been the large balance 
available. The Estimates for 1849 had been prepared with 
every regard to economy, but they nevertheless showed a 
considerable increase on those voted for 1848. The causes of 
this increase were the breaking up of the convict system, till 
then maintained at the expense of the British Treasury ; the 
charges for schools and local purposes proposed to be borne 
on the proceeds of the assessment on stock beyond the 
settled districts ; some additions to the Police Estimates ; 
considerable public works, and other minor undertakings. 



I 

Bavemar FUz Boy. 147 

The whole charges for 1849 might be taken at £313,179 2s. 
2d. ; the Ways and Means were estimated at £324,340. 
There wotdd, therefore, it was estimated, remain a surplus 
of Reyenue over Expenditure of £11,160 17s. lOd. 

A Bill had been passed in the second Session of 1846 
(SOtli October) appointing the Hon. Francis Scott to be 
Agent for New South Wales for three years. On 28th 
March of the Session under review (1848) a message was 
read from the Grovemor. transmitting a despatch from the 
Secretary of State, intimating that Her Majesty could not 
be advised to allow the Bill. In regard to this, Mr. Cowper, 
on 25th April, moved that the Council could not, with a due 
regard for its own independence, submit to the conditions 
attempted to be imposed in the despatch ; but as the faith 
of the Council stood pledged to obtain the allowance of £500 
per annum promised Mr. Scott in the resolutions of 1644, 
the Government recommended the payment of £1,500 in fulfil- 
ment of the three years' engagement with the Council. This 
was carried by 16 to 5. 

The subject of the Sale and Occupation of Crown Lands 
was, on 12th May, brought before the Council by Mr. Lowe, 
who moved resolutions to the effect that the minimum upset 
price of Crown Land should be reduced to a sum not exceed- 
ing 5s. per acre. After a debate, during which several 
amendments were proposed, Mr. Parker moved the previous 
question, which was negatived by 8 to 6. 

An Address to Her Majesty was adopted by 11 to 4, on the 
motion of Mr. Cowper, on 16th May. This had reference to 
the Quit Rent Regulations of the 9th October ; reviewed the 
history of the question ; and prayed Her Majesty to give 
directions that the claim of the Crown for quit rents might 
be absolutely remitted. 

On 26th May the death of Sir Maurice Charles O'Connell,. 
K.C.H., was announced to the House. The Council at once 
adjourned in token of respect to the memory of their late 
Member. 

Resolutions, moved by Mr. Terence Aubrey Murray, in 
favour of the establishment of an Observatory, were shelved 
by the negativing of the previous question (moved by Mr. 
Lowe), on a division of 10 to 9. 

At the beginning of the Session (March 28) a Select Com- 
mittee was appointed, on the motion of Mr- Cowper, to consider 



148 Nevo South Wales. 

the practicability and expediency of introducing Railways 
into the Colony. On 6th June the Committee brought up 
their report ; and on 15th June the following resolutions 
founded thereon were unanimously adopted : — 

'^ (1.) That, in the opinion of this Council, the period has arrived when the 
formation of Eailways in the Colony ought to be commenced. 

'* (2.) That to facilitate the speedy formation of a Company for carrying 
out such a means of transit, in districts where the population and internal 
traffic afford reasonable prospect of success, it is expedient that the Govern- 
ment and the Legislature should hold out some peculiar inducement to 
encourage such an undertaking. 

" (3.) That this Council is of opinion that a grant of Cro^n Land in fee 
simple ought to be made to any Company, incorporated by an Act of this 
Council, not only of the quantity required along the line for the construc- 
tion of the Eailvvay, but' that by way of bonus the Company should also be 
permitted to make selection of other portions of land, free of charge, to a 
reasonable extent — similar encouragement having been afforded in the 
British North American Colonies. 

" (4.) That, in addition, the Legislature ought to guarantee, for a limited 
term of years, the regular payment to the shareholders of a dividend at a 
rate not exceeding six per cent, per annum, upon the first £100,000 of the 
capital subscribed ; security for the same being taken by the G-overnment, 
upon the tolls collected by the Company. 

" (5.) That as a large amount of money is lying unemployed, and conse- 
quently unproductive, in the Savings* Bank, the Council is of opinion that 
a sum not exceeding £30,000 might be advantageously invested by the 
G-overnment, on behalf of that Institution, in any such Company. 

'* (6.) That the foregoing Eesolutions be communicated to His Excellency 
the G-overnor, with a copy of the Report of the Select Committee on 
Railways ; and that His Excellency be respectfully requested to take the 
same into his favourable consideration, and also to bring the subject gener- 
ally under the notice of the Right Honorable the Secretary of State K)r the 
Colonies, with the view of obtaining the sanction of Her Majesty's Govern- 
ment to such portions of the recommendation of this Council as cannot be 
carried into effect by the Colonial G-overnment." 

A Select Committee was also appointed on 29tli March, at 
the instance of the Colonial Secretary (Mr. Edward Deas 
Thomson), to resume the consideration of the best means of 
establishing steam communication between the Colony and 
England. Founded on their report (submitted on 13th 
June), the following resolutions were, on 16th, passed 
without division : — 

" (1.) That this Council desires to express its entire concurrence in the 
recommendations of the Select Committees appointed in the year 18i6 and 
during the present Session, to consider the best means of establishing Steam 
Communication with England. 

" (2.) That the announcement of the determination of Her Majesty's Gov- 
ernment to postpone the adoption of any permanent measure for this purpose 
until an experiment had been made by means of a vessel fitted with the 
auxiliary screw propeller, by the way of the Cape of Good Hope, has 
created the greatest disappointment, both to this Council and to the colonists 



Owemor Fitz Boy. 149 

g^eneraU J, more especially as, so far as can be learned, no steps whatever 
Bave yet been taken for carrying this project into eifect, although the 
experimental vessel ought to have left England in the autumn of last year. 

" (3.) That in aid of carrying out the original design of effecting a junc- 
tion with the overland line at Singapore, by way of Torres* Straits, this 
Council desires to repeat its recommendation, that a sum of £500 per 
month, for a period of three years, be applied from the General Hevenue of 
the Colony. 

" (4.) That a copy of the foregoing llesolutions, together with a copy of 
the Seport of the Select Committee of the present Session, be transmitted 
to His Excellency the Governor, with a request that His Excellency will be 
pleased to forward them to the Eight Honorable the Secretary of State for 
the Colonies, with such an expression of His Excellency's opinion thereon 
as may tend to secure to the Australian Colonies the same advantages of a 
rapid and certain postal communication with the Mother Country which, 
under an enlightened poli^, has already been extended to all other portions 
of Her Majesty's distant Colonial possessions." 

The Estimates having passed, the Appropriation Bill was 
introduced on 9th June, and passed on 15th June. 

A Bill to incorporate the Board of Commissioners for 
National Education was assented to on 15th June. 

On 20th June the Governor dissolved the Legislative 
Council. In his Speech he stated that copies of the addresses 
on railway and steam communication would he transmitted 
to the Home Government at an early opportunity ; that the 
addresses on the reception of exiles had already been trans- 
mitted; he thanked the Council for the supplies granted, 
and acknowledged the great ability they had evinced and the 
effective co-operation they had afforded him in maturing and 
perfecting measures for the public welfare. 

In connection with the general elections, the Separation 
question assumed a new phase in the Port Phillip district. 
The majority of the Melbourne people averred that they 
deemed it useless to send representatives to the Sydney 
Council ; and so the electors combined to refuse compliance 
with the writ for the return of Members. At the usual 
nomination meeting, the Returning Officer having asked 
whether any electors had candidates to propose, there was a 
general negative response. The New South Wales Govern- 
ment feared that this might have the effect of invalidating 
their Legislature, the Constitutional Act declaring that the 
Port PhUlip district should return not less than five Members. 
On a second attempt to comply with the law the moderate 
party were again unsuccessful ; for this time the extreme 
party placed Earl Grey, Secretary of State, in. nomination for 
Melbourne in opposition to a resident, and the former was 



150 Netc South Wales, 

elected and his election declared valid. A new writ was 
nevertheless issued, the polling being transferred to Geelong. 
Although five English Privy Councillors were placed in 
opposition to the local candidates, the latter were elected. 

The new Legislative Council assembled on 15th May, 1849. 
Two candidates were proposed for the office of Speaker — Dr. 
Charles Nicholson and Mr. Stuart Alexander Donaldson. 
The former was elected by a majority of 18 to 7- 

The Opening Speech was delivered by Sir Charles Fitz Boy, 
on 16th May. They commenced their duties of legislation 
at a time of considerable depression. The conmiercial dis- 
tress consequent on the political convulsions which had for 
some time agitated some of the chief States of Europe had 
extended its baneful influence even to their Colony. Wool — 
the great staple of the Colony — ^had not escaped that deprecia- 
tion in value which had affected all property. There was 
reason to hope that with the restoration of tranquillity the 
price of Colonial produce would again rise. Since the re- 
newal of immigration in 1848, not less than fifty-four ships 
had arrived in the Colony, bringing out 13,161 souls at the 
public expense. In order to meet this expense, it had been 
found necessary to make arrangements for raising the sum 
of £50,000 by debentures secured upon the Territorial 
Revei^ue. If, however — ^as seemed to be most essential — 
immigration were to be continued upon a scale commensurate 
with the demand for it, some comprehensive measure for 
raising the requisite funds ought speedily to be adopted. 
Despatches on the subject would be submitted. Although 
the maize crops had lately almost entirely failed, the wheat 
harvest had been unusually productive. Irrespective of the 
<;ollection under the new Act imposing an assessment on 
stock beyond the settled districts, the general revenue for 
1848 was equal to that of 1847, notwithstanding a consider- 
able falling off in the ad valorem duties on certain articles 
of import. Statements of the finance would be presented as 
speedily as practicable. Her Majesty had deemed it expe- 
dient to revoke a Charter establishing a new Colony of 
North Australia, and had been pleased to re-annex to New 
South Wales the whole of the territory lying to the north- 
ward of the 26th degree of south latitude. The legis- 
lative authority of the Council would consequently again 
extend thereto. A despatch from the Secretary of State 
would be submitted, detailing tho general objects of the 



Q-ovemor Fitz Boy. 151 

Legislative Constitxitioii which it was intended to propose to 
Parliament for the Australian Colonies, when the measures 
consequent on the separation of Port Phillip from New South 
Wales as a distinct dependency of the Crown should be 
brought under its consideration . Several despatches explana- 
tory of the views of Her Majesty's Government on the 
subject of convict discipline and transportation would speedily 
be laid before the Council. Several important despatches 
respecting the introduction of railways into the Colony would 
be presented. The Home Government had authorized a con- 
tract to be entered into with the India and Australia Steam 
Packet Company, for the conveyance of mails between 
England and the Colony, by way of Singapore and Torres 
Straits. A proposal for establishing steam communication 
with the Australian Colonies by way of the Cape of Good 
Hope was also under the consideration of the English Govern- 
ment. The Lords Commissioners of the Admiralty had 
expressed willingness to make provision for a fair contribu- 
tion towards the formation of a Dry Dock at Cockatoo Island. 
One of the most important legislative measures to be submitted 
was one having for its object the introduction of a uniform 
rate of postage. It would not be found practicable to adopt 
so low a rate as that established in the United Kingdom ; but 
there could be no desire on the part of the Government to 
maintain a higher rate than might be found absolutely 
necessary to meet the actual expense incmTed. 

On motion of Mr. James Macarthur, the Address in Reply 
was adopted without division. 

Mr. Henry Watson Parker was elected Chairman of Com- 
mittees of the whole Council for the Session. 

The despatch from the Secretary of State on the Separation 
and Constitutional questions was laid before the Council on 
22nd May. It reviewed the position of affairs at some length, 
Referring to the petitions received from the colonists, on the 
project of making District Councils serve as constituent 
bodies to the Legislature, Earl Grey stated that the Home 
Gt)vernment had no desire to impose on the inhabitants of 
the Colony a form of government not suited to their wants, 
and to which they generally objected ; and he should, there- 
fore, not advise the carrying of this proposal into execution. 
The opinion expressed by Sir Chas. Pitz Roy, that it would 
be a decided improvement to divide the Legislature into 
Assembly and Council, was one to which he (Earl Grey) had 



152 New South Wales. 

already stated his own adherence. Had the general feeling 
of the Colony responded to these views, he would not have 
hesitated to advise the measures necessary to accomplish 
such a change ; but the interests of the colonists would be 
better served by leaving in their own hands the power of 
effecting it whenever they saw reason to do so. The despatch 
then stated that it was contemplated to effect the immediate 
separation of Port Phillip. A Bill for that purpose created 
in Port Phillip a Legislature similar to that in existence in 
New South Wales, The intention of the Imperial Govern- 
ment was to introduce the representative principle into Van 
Diemen's Land and South Australia, by adding to their existing 
Legislatures elective Members bearing the same proportion 
to nominees as in New South Wales ; but as the Australian 
communities were fully competent to originate and discuss 
for themselves any changes in this portion of their institutions, 
he had further in contemplation to recommend that their 
respective Legislative Councils should have power to make 
such alterations in their own Constitutions as might be 
thought expedient — subject, however, to special confirmation 
by the Queen in Council, It would be necessary to adopt 
some means of providing for a necessary uniformity in the 
commercial policy of the Colonies, in order to give free scope 
for the development of their natural resources and for the 
increase of their trade. 

On the same day (22nd May) sundry despatches from 
Earl Grey were transmitted by message on the subject of 
transportation. The first of these was in reply to the Address 
by the Council, adopted in September, 1847. It stated that 
in consequence of the sentiments expressed by the Council, 
no change would be made in the existing arrangements 
regarding transportation, so far as concerned New South 
Wales. The second despatch acquainted the Grovemor of the 
receipt of, and enclosed a copy of a petition from Sydney 
representing the scarcity of labour, and praying the resump- 
tion of transportation upon the principle recommended in Mr. 
Gladstone's despatch of 1846, and in the Report of the 
Select Committee of the Legislative Council. Although 
the Secretary of State regretted that the usual course of 
transmitting it through the Governor had not been followed, 
he had laid it at the foot of the Throne. He stated that Her 
Majesty's Government concurred in the general object aimed 
at, and would be very glad if means could be found for 



Governor Fitz JEtoy. 163 

sending out convicts at a proper stage of punishment, so as 
both to furnish some addition to that supply of labour of 
which New South Wales stood so much in need, and at the 
same time protect the Colony against moral injury. The 
third despatch was in reply to the Address of the Council 
expressing the willingness of that body to concur in the 
intooduction into the Colony of persons holding tickets-of- 
leave or conditional pardons. Therein Earl Grey stated that 
his first impression was that the idea of sending convicts to 
New South Wales would have to be abandoned, as Her 
Majesty's Government were pledged to send out an equal 
number of free emigrants, and the financial circumstances 
of the Colony would not allow of the latter course ; but on 
reconsideration he had been led to the conclusion that the 
colonists would prefer, to the entire abandonment of the 
measure proposed, receiving a moderate number of convicts 
even unaccompanied by an equal number of free emigrants. 
Therefore, he proposed at once advising Her Majesty to 
revoke the Order in Council by which New South Wales 
was made no longer a place for receiving convicts under 
sentence of transportation. A circular despatch was at the 
same time sent by Earl Grey to the Governors of Colonies, 
explaining the terms on which it was proposed that convicts 
should be sent abroad. 

Public meetings on the subject were held in almost every 
town and district in the Colony. From a representative 
meeting under the auspices of the Anti-Transportation Com- 
mittee, held at the Victoria Theatre on the 9th March, Mr. 
liowe, on the assembling of the Legislative Council, presented 
a numerously signed petition. This represented the duty 
and determination of the colonists, by every legal and 
constitutional means, to oppose the revival of transportation 
in any shape. 

On 22nd May, Mr. Cowper moved an Address to the 
Governor praying that convicts should not be sent to Port 
Phillip or Port Jackson. Mr. James Macarthur moved the 
previous question, which was negatived by 16 to 9. 

Relative to the later despateh of Earl Grey, the following 
resolution, moved, on 1st June, by Mr. Cowper, passed 
without division : — 

" (1.) That an humble Address be presented to Her Majesty, respectfully 
setting forth that this Council, having maturely considered the despatch 
from the Bight Honorable the Secretary of State for the Colonies, No. 166, 



154 New South Wnles. 

dsted drd SeptembCT, 1848, decfines to accede to the proposal thereiQ 
ecHitained for tlie renewal of transportation to this Colony, and strongly 
protests against the adoption of any measure b^ which the Colony would be 
degraded into a penal settlement. That this Council, thereiore, would 
earnestly entreat Her Majesty to be graciously pleased to revoke the 
Order in Council by which tins Colony has been again made a place to whidi 
British offenders may be transported. 

" (2.) That the foregomg Address to Her Majesty be transmitted to BQs 
Excellency the Grovemor, with a respectful request that His Excellency will 
be pleased to forward the same to Her Majesty, with his recommendation 
that the prayer of this Council may be acceded to with the least possible 
ddtay." 

Out of doors a great public demonstration was made on 
11th June, after the "Hashemy*' arrived with 212 male 
convicts on board. Although the weather was unpropitious, 
5,000 persons assembled on the Circular Quay. Mr. Robert 
Campbell presided, and Mr. John Lamb moved a resolution 
solemnly protesting against the landing again of British 
convicts on the shores of Port Jackson. It was afterwards 
resolved that the local Government should be requested to 
send back the prisoners arrived in the "Hashemy," if 
necessary at the Colony's expense. A deputation (consisting, 
amongst others, of Mr. Robert Campbell and Mr. Lowe) 
waited on the Governor, but were informed that it 
was contrary to official etiquette to receive a deputation 
without previous notice. Another meeting was held on 
the 18th June. It petitioned for the dismissal of Earl Grey, 
and asserted that the diflFerence between the sentiments of 
the Governor and the opinions of the people demonstrated 
the immediate necessity of Responsible Government for the 
Colony. 

A reply from Earl Grey to the Select Committee's report 
on the minimum upset price of Crown Lands was transmitted 
by 'message to the Council on 22nd September. It stated 
that the opinion of the Committee seemed to rest on the 
assumption that there ought to be almost an unlimited 
facility for the acquisition of the public lands ; they appeared 
to consider it a fault if the sales of such lands as belonged 
to the Crown should intermit. An increasing progress of 
sales, however, could only be effected by contriving some 
system which should oppose no obstacle at all to any one 
who might form a wish to possess Crown Lands. Much, no 
doubt, might be said in favour of such a course ; it was the 
one upon which, until a comparatively late period, the whole 
of the British Colonies had been settled ; and it had been 



attended with universal failure. In British North America 
it was the snhject of daily lamentation that by the course of 
progressive alienation large tracts had fallen into the hands 
of single individuals, to the great injury of the Colony. The 
same policy had rained settlement in Western Australia. 
The experience of New South Wales itself went to show that 
throughout all its early years an almost nominal check was 
presented to the appropriation of Crown Lands, and there 
was nothing remarkable in its progress ; but since a price 
had been demanded, upwards of a milHon sterling had been 
realized from Crown Lernds, and applied in obtaining a supply 
of labour, which was still deficient ; although the population 
had been increased by an immigration of nearly 63,000 
persons, the means for whose conveyance had been obtained 
from the Land Fund, besides 18,000 persons who emigrated by 
their own resources after assisted immigration was established. 
It was by means of the increase of population thus obtained 
that the Colony had continued to advance in wealth and 
prosperity, and its character had been changed from a con- 
vict to a free Colony. Sir George Gipps had long before 
observed that if they were to be guided by asking a price at 
which lands could sell for pastoral purposes, the smallest 
coin in the Colony would be too large a price for an acre — 
an opinion fully borne out by the testimony of other 
observers. In the progress of every Colony it must be 
expected that sales of land would relax or even cease. When 
settlement was new the settlers would have everything to 
buy, and a large revenue would flow in from the sales of 
land ; but when the settlers had acquired what they wanted 
there would be a suspenision of the sales ; and they must 
also be prepared for a time when the revenue from actual 
sales of Crown Land must become permanently small, unless 
the territory was never to be successfully peopled, and large 
tracts were always to remain waste. Considering the import- 
ance of the subject, he had thought it right to call the 
Colonial Land and Emigration Commissioners together, 
and had referred the report to them. He enclosed the views 
expressed by them on the subject, in which he entirely con- 
curred. He should be sorry if any arguments, however 
ingenious, should lead the public of New South Wales to 
desire the abandonment of those principles under which the 
Colony had made its extraordinary progress of the past ten 
or twelve years, and under which the settlements of Port 
Phillip and South Australia had been so flourishing, in order 



166 ,New South Wales. 

to recur to the principles on which the Colony of Western 
Australia was founded. 

A Select Committee on Crown Lands was appointed (12th 
June), on the motion of Mr. Lowe. On 3rd October 
the Committee submitted a voluminous report., wherein 
they reiterated their objections against the high price of 
land, and afiirmed that this great instrument of coloniza- 
tion would be forestalled and pre-occupied till its price 
was reduced to 5s. per acre. They coidd not imderstand 
why the local Legislature, to which was entrusted the 
appropriation of the ordinary revenue for the purpose of 
public works, would not be equally able to expend that 
moiety of the land revenue which was devoted to the same 
purposes. They were perfectly satisfied that those funds 
spent under the sanction of a legislative body were much 
more economically expended than those entrusted to any 
Department of the Government. The Lords of the Treasury 
appeared to consider the Legislative Council by no means 
a fit body to provide for the local wants of the territory 
of New South Wales. Serious evils had arisen from placing 
that portion of the Land Fund applied to emigration 
at the disposal of the Home Government. The Colony and 
the Home Government had an equal interest in promoting 
emigration ; but in apportioning the expenditure their 
interests were opposed. It was the interest of each to make 
the other pay as much as possible. In the adjustment of 
these conflicting claims the Colonies had been virtually 
unrepresented; for the Colonial Minister who represented 
her was stQl more closely connected with the Home Govern- 
ment. The consequence was that the Colony had paid all ; 
and she had repeatedly involved herself heavily in debt 
for this object. Had these funds been at the disposal of the 
Legislative Council, doubtless a system would have been 
matured by which Government, parish, emigrant, and 
colonist would have contributed equally to that in which 
they were equally interested. But the emigrant was there 
to defend himself, the Government had its Ministers, and the 
parish its guardians ; so upon the colonist the whole weight 
of emigration fell. The quit rent of 2d. per acre on inferior 
land, such as most of the Crown grants contained, was a rack 
rent, and something more. The liveliest sympathy was felt 
throughout the Colony for those suffering under the impost 
which the fall in the value of property had rendered so 
intolerable ; but the remonstrances of the Council had been 



Owemor Fitz Itay. 167 

met from Home with the remark that it Would be unjust to 
the colonists at lai^ to remit those quit rents to the benefit 
of which, as part of the Land Fund, they were entitled. The 
Committee apprehended that the proper way to decide this 
question would be to submit it to the consideration of the 
local Legislature, who, acting on behalf of the colonists at 
large, woidd be responsible to their constituents if, without 
their sanction, they gave up any revenue to which the 
Colonists considered themselves justly entitled. The power 
of carrying out the appropriation of the Land Pund shoiQd 
therefore be vested in the Council — ^as the body best qualified 
to control the expenditure on public works and departments ; 
as the fittest body to represent the Colony in any negotiation 
with the Home Government, the best able to decide between 
the community and the individual in any local question in 
which their interests might clash, and the most interested 
in spending the land fund for the purpose of colonization. 

The Report was, on 9th October, adopted by the Council, 
and ordered to be forwarded to the Secretary of State. 

On the subject of Steam Communication, a despatch later 
than that referred to in the Opening Speech was, on 24th 
July, laid before the Council. It notified the decision of the 
Home Government that there were not sufficient grounds 
for establishing the proposed line via the Cape of Good Hope. 

The Abstract of B/evenue and Appropriation for 1848, 
submitted on 29th May, showed the General Revenue 
Receipts to have been £294,872 12s. Id. ; a balance from 
1847 of £36,176 19s. 3f d. made the total Revenue £331,049 
lis. 4|d. The disbursements were £307,491 2s. 3^d., leav- 
ing a credit balance of £23,558 9s. 1^. The Crown Revenue 
Receipts reached £101,990 4s. lOd. ; the disbursements 
£152,939 10s. A balance from 1847 of £110,312 6s. 3d. 
provided for the surplus expenditure, and left a credit balance 
of £59,363 Is. Id. 

The Financial Minute of the Governor was read to the 
Council on 17th Jidy. It would be seen by a reference to the 
abstract for 1848 that the revenue had exceeded the estimate 
by upwards of £8,000. The Estimates for 1850 had been 
prepared in conformity with the model proposed by a Select 
Committee of the House of Commons, and sanctioned by 
the Lords Commissioners of the Treasury. In consequence 
of this change several important alterations had been made 
in the mode, with the view of showing the gross amount of 
estimated Revenue and of estimated Expenditure, without 



158 Neto South 

deduction of any kind. This would naturally cause an appa- 
rent — ^though not a real — ^increase in the gross amount both 
of Revenue and Expenditure. The Ways and Means 
amounted to £346»488 7s. 2d. ; the Estimates of Expenditure 
to £329,142 9s« 6d., leaving an excess of Sicvenue over 
Expenditure for 1850 of £17,345 178, 8d. If to this were 
added sundry unexpended balances of previous years, a sur* 
plus of revenue over expenditure was anticipated at the end 
of 1850 of £25,240 Is. 9d. 

A petition was, on 29th May, presented to the Legislative 
Council by Mr. Cowper, from the Sydney Railway Com- 
pany, praying the Council to pass a Bill to incorporate the 
said Company. The Bill introduced by Mr. Cowper on the 
same day was, on 5th June, referred to a Select Committee, 
which reported in favour of the passing of the BlQ, with 
certain amendments. On 18th July the Committee was 
re-appointed, in order to consider a despatch from Earl Grey 
respecting the introduction of railways into the Colony. The 
Report — submitted on 10th August — ^reviewed the various 
despatches received from time to time from the Home 
Government, recapitulated the proceedings of the Council 
on the subject, and concluded by stating the deliberate 
conviction of the Committee that the introduction of railways 
into the Colony could best be effected by the energy and 
enterprise of private individuals. It was further recom- 
mended that a dividend of 4 per cent, per annum should be 
guaranteed the Company by the Grovernment. On 28th 
August Mr. Lamb moved : — 

'* (1.) That this Council having taken into consideration the Heport of the 
Select Committee appointed to con»der and report upon the Despatcli from 
the Kight Honorable Earl Grey, dated 8th February, 1849, respecting the 
introduction of Kailways into this Colony, adopts the recommendations 
therein contained. 

**(2.) That an Address be presented to His Excellency the Governor, 
transmitting a copy of the above resolution, together with a copy of the above 
Beport, and requesting that he will take the necessary steps for carrying its 
recommendations into effect." 

This was carried (certain votes being disallowed) by 13 to 4. 
The Sydney Railway Bill passed its remaining sts^es^ and 
was assented to on 10th October. 

A petition from the proprietors of the Sydney College was 
presented on 4th September by Mr. Wentworth. It |irayed 
the appointment of a Select Committee to consider the best 
means of carrying on the institution, so as to afford the youth 
of the Colony the means of obtaining instruction in the higher 



FUzBoy. 15d 

branches of UtCTafcure and science. A Select Committee was 
thereafter appointed, on motion of Mr. Wentworth, to report 
on the best means of instituting a University for the pro- 
jnotion of literature and science, to be endowed at the public 
expense. In their Report, submitted on the 21st September, 
the Committee stated that they felt persuaded there coiQd 
not exist any diversity of opinion as to the policy of 
founding, without further delay, upon a liberal and compre- 
hensive basis, a University, which should be accessible to all 
classes, and to all collegiate or academical institutions whidi 
should seek its affiliation. It must belong to no religious 
denomination and require no religious test, — must be made 
a truly national institution, to which all classes and denomina- 
tions could resort for secular education, which alone could be 
imparted within its walls. They, therefore, recommended 
the endowment and incorporation of such an institution. 

A Bill for this purpose was, on 2nd October, introduced by 
Mr. Wentworth ; it, however, lapsed in Committee on 5th 
October. 

On 22nd May a Select Committee was appointed, on the 
motion of Mr. Kobert Lowe, to inquire into the working of 
the Corporation of Sydney. The Committee stated in their 
Keport that they were perfectly satisfied, from the evidence 
they had taken, that the body had entirely lost the confidence 
of the citizens, and was regarded as an impediment to the 
improvement of the city. They recommended (1) that the 
Acts of Council incorporating the city of Sydney should be 
repealed; (2 and 3) that an Act should be passed appointing 
three Commissioners to act instead of the Corporation, and 
that the local revenues and the powers held by the Corpora- 
tion should be vested in those Commissioners; (4) that a 
nniform rate for the purposes of civic improvement should 
be imposed by an Act of Council. 

Mr. liowe moved, On 7th September, that, having taken 
into consideration this Report, the Council resolved that the 
Acts incorporating the City of Sydney should be repealed. 
An amendment by Mr, Nichols, thiat the Council was 
of opinion that the Corporation should be amended but not 
abolished was carried by 15 to 6. Another resolution 
by Mr. Lowe, for the appointment of three Commissioners, 
was nogatived. 

A Postage BiU was introduced by message on the 27th 
July. Having passed its second reading the Bill was, on 9th 



160 New South Wales. 

August, referred to a Select Committee for report. They 
presented the Bill — the object of which was to establish a 
uniform rate of postage and to consolidate and amend the 
law for the conveyance and postage of letters — ^with such 
alterations as were necessary for giving effect to the several 
recommendations contained in their Report. Thete recom- 
mendations were : that the uniform rate of inland postage 
in the Colony be fixed at 2d. for letters not exceeding half- 
an-ounce in weight, to be doubled in case of non-prepayment ; 
leaving the postage on town and ship letters as at present — 
viz., Id. and 3d. on letters not exceeding half-an-ounce. 
A postage charge of Id. each was imposed on newspapers. 
The introduction of the system of Post Office stamps, in use 
in England, was also recommended. 

On 26th September the Colonial Secretary moved the 
adoption of this Report. An amendment by Mr. Martin, 
excepting so much thereof as related to the imposition of a 
postage rate on newspapers, was negatived by 13 to 5, and 
the original question then passed. The Postage Bill then 
passed through Committee and was read a third time. It 
was assented to on the 12th October. 

Relative to a despatch from the Secretary of State, laid 
before the Council on 5th June, notifying that the wishes of 
the colonists on the subject of steam communication with 
England, India, and China had been complied with, the 
following resolutions were unanimously passed, on motion of 
Mr. Donaldson, on 28th September : — 

" That this Council, having duly considered the subject of the establish- 
ment of steam communication with the Mother Country, and having 
reviewed the following facts : — 

'^ That a Committee of this Council reported upon this subject in tHe 
Session of 1846, and agreed to a vote of £500 per month for three years 
towards the establishment of steam communication with Europe by way of 
Singapore : 

" That the Lords of the Treasury, as well as the Lords of the Admiralty, 
and especially Admiral Beaufort, then Hydrographer to the Admiralty, 
recommended the same route, and arrived at the same conclusions as tne 
Committee of this Council on the mode of carrying out this object : 

" That a Committee of this Council again reported upon the subject in the 
Session of 1848 — ^and resolutions favourable to the same views were 
unanimously agreed to by this Council at the close of the same Session : 

" That this Beport and these Besolutions have been acknowledged by the 
Bight Honorable the Secretary of State for the Colonies, in his despatch 
dated 28th December, 1848 : 

" That the revenue derivable from postage on letters »and newspapers 
between the United Kingdom and the Australian Colonies, even under the 
slow and unsatisfactory packet system which existed in 1846, as shown by 



Governor Fitz Boy. 161 

an estimate prepared by Her Majesty's Post master-General, Lord 
Clanricarde, dated December of that year, amounted to £14,799 14s. 4d. ; 
and that this sum, added to the amount voted by this Council (namely, 
£6,000 per anj.um for three years) would afford an annual revenue of 
upwards of £20,700, which, it is reasonable to assume, would be materially 
increased by the facilities afforded by steam communication with Home : 
" This Council does now resolve : — 

'' (1.) That, notwithstanding the foregoing facts, and the expectations 
raised by the Secretary of State in the despatch of the date above 
referred to, this Council sees no prospect of receiving the benefit of 
steam communication with the Mother Country within a reasonable 
time. 

" (2.) That this Council, therefore, in common with the whole com- 
munity of New South Wales, entertains a feeling of disappointment 
and mortification that a measure of such vital importance to the 
Colony should have been so long delaved, and that so little apparent 
earnestness should have been evinced oy the Home Authorities for its 
accomplishment. 

" (3.) That a Petition be forwarded to Her Most Gracious Majesty 
the Queen, embodying the foregoing resolutions, and praying that Her 
Majesty will graciously direct that steps be taken to accomplish this 
great object : And that an Address be presented to His Excellency 
the Governor, requesting that he will forward the same to the 
Secretary of State for the Colonies, for presentation to Her 
Majesty." 

The announcement, in the beginning of the year (1849), of 
the gold discovery in California caused a great exodus from 
the Colony thitherwards. Amongst those who migrated 
across the Pacific were a number of bounty immigrants. 
This question was brought before the Legislative Council, on 
5th October, by Mr. Dangar. He moved resolutions to the 
effect that whereas a large number of persons whose passage 
to New South "Wales had been paid out of colonial funds had 
lately re-emigrated to California and other foreign parts 
without having remained a sufficient time in the Colony to 
confer any proportionate benefit for such payment, thereby 
causing a great and useless expenditure to the public 
revenue; and whereas it was considered that under the 
existing Regulations no legal obligation for the re-payment 
of such passage money has been created : Por these and other 
reasons the present Regulations should be so altered or 
modified as to render it imperative on all future emigrants 
provided with a passage at the public expense, to refund the 
cost thereof to the public Treasury in the event of their 
quitting the Colony. The previous question was in the course 
of the debate moved by Mr. Allen, and negatived by 13 to 5. 

A Bill re-appointing the Hon. Prancis Scott to be Agent 
for the Colony for one year was passed on 24jth July. A Bill 



162 New South Waies. 

to prevent unlawful distillation, and to protect the duties on 
spirits, passed on 12th September. The Appropriation Bill 
passed on 27th September. 

The Governor prorogued the Council- on 12th October, 
1849. The proceedings of the Session were referred to as 
having been marked mth the initiation and enactment of 
many useful laws, the operation of which, it was trusted, 
would prove highly conducive to the public advantage. The 
Act for the establishment of a uniform !rate of postage could 
.not fail to essentially promote the social and economical 
advancement of the Colony ; and if in the first instance it 
should be attended with some loss of revenue, the advantages 
it would secure to the public in facilitating postal communi- 
cation would more than compensate for any such sacrifice. 
In forwarding to Her Majesty the petition from the Council 
praying that the prepayment of letters passing between the 
Colony and the United Kingdom might be made optional in 
future, he strongly recommended the favourable entertainment 
of its prayer. The petition on steam communication, and a 
petition praying for the reduction of the duties on T^ine, the 
produce of the Colony, would be also recommended by him. 
He had had much satisfaction in giving assent to the first 
Act passed by the Council, for the formation of a Bailroad in 
the Colony. 

The Legislative Session of 18B0 was opened on 4th June. 
A letter from the Colonial Secretary was read, transmitting a 
despatch ratifying the appointment of the following non- 
elective Members of the Council: — Major-General Edward 
Buckley Wynyard, the Hon. E. Deas-Thomson, the Hon. J. 
H. Plunkett, the Hon. C. D. Riddell, Mr. J. G. N. Gibbes, 
Mr. William Lithgow, Mr. George Allen, Mr. Alexander 
Berry, Mr. Edward Hamilton, Mr. Thomas Icely, Mr. John 
Lamb, and Mr. Henry Watson Parker. 

Mr. James Byrnes took his seat as Member for Cumberland, 
in the room of Mr. Charles Cowper, resigned ; and Captain 
Philip Parker King took his seat as a non-elective Member 
of the Council, in the room of Mr. Edward Hamilton, 
resigned. 

The Governor's Opening Speech expressed congratulations 
on the steady increase of the material resources of the Colony. 
The total export of wool for 1849 was 27,960,530 lbs., being 
an increase of nearly 5,000,000 lbs. on the previous year ; the 



Governor Fitz Roy. 163 

total export of tallow was 154,103 cwt., being an increase on 
the previous year of nearly 56,000 cwt. The public revenue 
was also. very prosperous. The gross amount realized in 
1849 exceeded that of 1848 by nearly £96,000. Of that 
amount the excess on the General Revenue was £38,000, 
and that on the Territorial Revenue £67,650. The usual 
Abstracts would at once be submitted. A despatch from 
the Secretary of State had been received, explanatory of the 
delay which liad taken place in passing the Act for the 
separation of Port Phillip, and for the . establishment of 
representative institutions in the other Australian Colonies. 
Therein Earl Grey announced the intention of the Home 
Government to proceed with that important measure early in 
the Session of 1850. The quinquennial period for taking the 
Census would return in the ensuing year. A despatch had 
been received intimating the terms upon which the Home 
Government had detennined on maintmning a military force 
in the Colony. A series of despatches on the subject of 
immigration would likewise be submitted. A total of 20,865 
persons had, during 1848, arrived in the Colony. Of these 
about 11,000 came to the Sydney District, and nearly 10,000 
to the Port Phillip District. The Territorial Revenue in 
each district was charged proportionately with the expense of 
the introduction of 15,000 of these. The emigration from 
the Colony to California since the gold discovery amounted 
to nearly 4,000 persons. He had caused a communication to- 
be made to the Land and Emigration Commissioners in 
England, recommending that emigrants receiving passages at 
the colonisd expense should be required to enter into an 
engagement to remain in the Colony for certain specified 
periods, or to reimburse a proportionate amount if they 
should desire sooner to remove therefrom. The state of the 
police of the Colony, and the best means of increasing ita 
strength and improving its condition to the proper standard,. 
demanded the early and serious attention of the Government 
and the Legislature. The Bill for improving the constitution 
of the Sydney Corporation would be again presented, as also 
a Bill to provide for the sewerage of the city, and to promote 
the health of its inhabitants. The latter measure was chiefly 
founded on an Act which had been successfully carried into 
operation in England. The Estimates for 1851 would be 
transmitted to the Council on an early day. 

The Address in Reply was adopted, on the motion of Mr. 
Darvall, without division. 



164 New South Wales. 

Mr. Henry Watson Parker was again elected Chairman of 
Committees. 

In regard to the renewal of transportation, a message was 
received from the Governor on 11th June, transmitting a 
copy of a despatch from Earl Grey, wherein he acknowledged 
the receipt of the Council's address of 1st June, 1849 ; also 
copies of several other despatches explanatory of the system 
and successive -stages of punishment undergone hy prisoners 
under sentence of transportation. His Lordship pointed out 
that, owing to the aid granted hy the Imperial Parliament 
for free emigration, the convicts recently sent out had in 
point of fact been removed to New South Wales in exact 
conformity with the arrangement approved of hy the Council 
in their address of April, 1848. At the same time. Earl 
Grey distinctly announced that, whilst it had been determined 
that no more convicts should be sent to New South Wales, 
so long as the opinion of the colonists, as expressed by the 
Legislature, continued adverse to that measure — ^yet it had 
not been thought necessary to revoke the Order in Council 
in which New South Wales was named as a place to which 
prisoners sentenced to transportation might be sent, till it 
should clearly appear that the Legislature had deliberately 
adopted, as its final conclusion, a determination that no more 
convicts ought, under any conditions, to be sent to any part of 
the Colony. As it appeared that convicts were more needed 
and would be more willingly received at Moreton Bay than 
in the other districts, for the present they would be sent 
thither. 

On the 4th July a later despatch was laid before the Council, 
which informed the House that, independently of such emi- 
grants as it might receive from colonial funds, Moreton Bay 
would be entitled — ^in consideration of the number of ticket- 
of -leave men sent thereto — ^to have at least two ships sent to 
it with free emigrants, introduced at the expense of Great 
Britain ; and that they would be at once despatched. Incident- 
ally bearing on the same subject, resolutions by Mr. Darvall 
wen^ passed without division to the following effect : — 

" (1.) That since the year 1836 the Land Fund, amounting to £1,179,000, 
has been expended, under the direction of Her Majesty's Qovernment, in 
relieving Great Britain of a portion of her distressed population, in all 
78,500 souls, comprehending 27,700 adult labourers. 

" (2.) That this revenue has, for the same purpose, been charged with a 
debt of £100,000. 

" (3.) That although this expenditure has been beneficial iu some respects, 
it has exhausted the means of obtaining that continuous supply of labour 



Gwemor Fitz Roy. 165 

whicli the colonists most urgently require, while unmixed ailvantages have 
been derived from this outlay by Great Britain, by whom no part of the 
expense has been borne. 

** (4.) That during the whole of this period the colonists were justly 
entitled to the administration of their own Land Fund, and that if such 
power had not been withheld from them, they might have procured contri- 
bution towards the cost of emigration from Her Majesty's G-overnment, or 
the over-populous parishes in England, Ireland, and Scotland. 

" (5.) That it is no part of the duty of the colonists to pay for the importation 
of emigrants nor to receive criminals ; and that the same principles of sound 
policy which have induced Her Majesty's G-overnment to give compensation 
by way of free labour for the introduction of exiles, entitle the colonists to 
expect that the same amount of Imperial funds shall be expended in the 
introduction of free labour into New South Wales which has been disbursed 
for this purpose out of the Colonial Hevenue. 

'' (6.) That these resolutions be embodied in a humble Address to the Queen, 
and that the Governor be requested to transmit the same to the Eight 
Honorable the Secretary of State for the Colonies." 

Mr. John Lamb, on 30th August, in reference to the 
resumption of transportation, moved : — 

" (I.) That an humble Address be presented to Her Majesty, respectfully 
setting forth (with reference to the despatch of the Eight Honorable the 
Secretary of State for the Colonies to His Excellency Sir Charles Augustus 
Fitz Roy, No. 174, dated 16th November, 1849), that this Council adopts, as 
its final conclusion, that no more convicts ought, under any conditions, to be 
sent to any part of this Colony. 

" (2.) That as there can be no security for the social and political tran- 
quillity of the Colony until the convict question is set at rest, this Council 
humbly repeats the prayer which was contained in an Address to Her 
Majesty from this Council, dated 1st June, 1849, viz. — That Her Majesty 
will be graciously pleased to revoke the Order in Council by which this 
Colony has been again made a place to which British offenders may be 
transported. - • 

" (3.) That the foregoing Address to Her Majesty be transmitted to His 
Excellency the Q-ovornor, with a respectful request that His Excellency will 
be pleased to forward the same to Her Majesty, with his recommendation 
that the prayer of this Council may be acceded to with the least possible 
GLexay. 

Mr. Wentworth moved the adjournment of the debate for 
a month, which was carried by the casting vote of the Speaker. 
The debate was resumed on 27th September, and continued 
until the 1st October. An amendment by Mr. Martin, to the 
eflFect that, subject to certain conditions, transportation might 
be resumed, was withdrawn. Another amendment by Mr. 
James Macarthur, relative to an apprehension of the dis- 
memberment of the northern part of New South Wales, with 
a view of continuing transportation thither, was negatived by 
17 to 7. The original resolutions then passed. 

The Abstract of the Revenues for 1849 was laid before the 
Council on 12th June. A memorandum was prefaced to the 



166 New South Wales. 

Abstract, stating that it had been drawn up in accordanea 
with the new system of keeping public accounts, recommended 
by the House of Commons. The General Ilevenue showed 
the total receipts to have been £323,762 12s» Id. ; balance 
from 1848, £23,568 9s. 1^., total General Revenue £347,321 
Is. 2^d. The total disbursements were £275,976 16s. lOf d. ; 
^ balance to the credit of the general Revenue therefore 
remained of £71,345 4s. 3^d. The Crown Revenue reached 
£236,670 7s. lOd. ; a balance from 1848 of £59,363 Is. Id. 
made the total £296,033 8s. lid. The disbursements reached 
£186,281 18s. 8d. ; a balance to the credit of the Crown 
Revenue of £109,761 10s. 3d. remained. 

The Governor's Financial Message for 1860-51 was read to 
the Council on 10th July. It would be remarked that the 
amount actually collected in 1849 exceeded the estimates by 
£22,600. ' It was, too, satisfactory to observe that the estimate 
for 1850, judging from the Revenue already collected, would 
be fully borne out. The greater part of the £6,000 voted on 
the Estimate for 1860, for steam communication with Singa- 
pore, would probably not be required. The Estimates of Ways 
and Means and of Expenditure for 1861, and also a Supplemen- 
tary Estimate for 1860, were submitted . The Revenue for 1851 
was estimated at £368,098 7s. 2d., exclusive of an estimated 
unexpended balance of £15,600 at the end of 1860. The 
Estimated Expenditure for 1851 was £366,095 6s. 6d. ; leaving 
an excess of revenue over expenditure, in that year, of £2,003 
Is. 8d., and, taking into account various unexpended credit 
balances, an estimated surplus balance at the end of 1851 of 
£49,137 6s. 4d. 

A Bill to provide for the regulation of the Sydney Corpora- 
tion was passed on 26th September. A Bill to abolish all 
duties on Spirits of Colonial growth was introduced on 11th 
June by Mr. Martin, but its second reading was negatived 
by 17 to 5. A Bill to prevent the Eorgery in New South 
Wales of Stamps of the United Kingdom was passed. 

Mr. Wentworth, on 28th June, introduced a Bill to dis- 
qualify Ministers of Religion from being elected Members of 
the Legislative Council, or of any other Legislative Council 
or Assembly that might thereafter be substituted for the 
same. This passed, and on 1st October was reserved for 
the Royal Assent. 

A despatch from the Secretary of State on the subject of 
the proposed new Constitution was laid before the Council 



Governor FUz Roy. 167 

on 5th June. It stated that, in consequence of the hcsiavy 
pressure of urgent business in the Imperial Parliament, it 
had been found impossible to proceed with that Bill during 
ttie Session just concluded. It would, however, be re-intro- 
duced without delay, with certain modifications. 

On the 7th June another despatch was submitted, in answer 
to a memorial addressed to the Queen by certain inhabitants 
of New South Wales, praying for such a reduction of the 
elective qualification as would give a full and fair sliare 
of representation in the Legislature of the Colony to the 
colonists at large. In reply, the Home Government con- 
sidered the question to be one which might most properly be 
decided by the local Legislature ; and the Bill before the 
English Parliament for alteidng and amending the Constitu- 
tion of the Australian Colonies would, if passed, give to that 
Legislature the power of effecting such alterations as might 
be desirable. A despatch relating to a petition praying the 
extension of the franchise to the lessees of Crown Lands and 
the tenant farmers at Port Phillip returned a similar reply. 

A despatch, dated 10th June, 1849, announced the aban- 
donment of a settlement at Port Essington, which had not 
realized the advantages expected from its formation, and was 
laid before the Council on 28th June, 1850. 

The subject of Colonial appointments was debated at great 
length in the Council this Session, on a motion by Mr. Nichols. 
On 16th July the House resolved, without division, to adopt 
an amendment by Mr. Donaldson in the following terms : — ■ 

" That this House do resolve — 

" First — ^That this Coundl, having had under its consideration the subject 
of colonial patronage, is of opinion that the reserving to the Secretary of 
State for the Colonies the gift of appointments to public offices in New South 
"Wales is inexpedient, and that from the advanced state of society in this 
Colony this patronage should be absolutely vested in the local Executive. 

" Second — That, in the opinion of this Council, the adoption of such a 
principle would be productive of the best results — by creating a pi-oper 
responsibility with greater efficiency and economy throughout the Public 
Service — ^by doing away with a fertile source of dissatisfaction and com- 
plaint — by opening a field for honorable ambition — and by strengthening 
those feelings of loyalty which attach the Colony to the parent State." 

On 30th July, Mr. Charles Hotson Ebden and Mr. William 
Drummond Mercer took their seats as Members for Port 
Phillip. The same day the Rev. Dr. Lang took his seat as 
Member for Sydney, in room of Dr. William Bland, resigned. 

A Census Bill was passed on 22nd August. 



168 New South Wales. 

On 3rd July, 1850, the first turf of the Sydney and Goul- 
hum Railway was turned by the Governor's daughter — the 
Hon. Mrs. Keith Stuart. About 10,000 persons witnessed 
the proceedings. Nearly all the Societies of the city walked 
in procession to the site of the terminus in Parramatta-street, 
where, notwithstanding that the weather was unfavourable, 
the assembled concourse presented one of the most imposing 
spectacles ever witnessed in the Colony. 

A Select Committee to inquire into the Banking system 
prevailing in the Colony was appointed on 25th June. With 
reference to the question more particularly referred to them, 
the Committee, in their Report (submitted, 11th September), 
observed that the legality of payments by cheques or orders 
should be clearly established. They recommended the enact- 
ment of a law obliging the issuers of all such paper to make it 
payable, on presentation, in some city or town within the Colony. 

A Select Committee on Steam Communication reported on 
3rd September. They recommended that the sum of £6,000 be 
voted for that object in 1851. The vote in after years was only 
to be subject to the following conditions : — (1.) For the estab- 
lishment of a monthly communication between Sydney and 
Singapore, to make the voyage by any rout«, £2,000 per annum, 
for a period of three years certain. (2.) Also for a monthly 
communication for a period of three years — ^making the voyage 
to Sydney by way of Cape Leeuwin and Bass's Straits, and 
by way of Torres Straits to Singapore, £3,000 per annum. 
(3.) For the establishment of a direct monthly line of steamers 
between Sydney and Singapore, arriving and depaiting by 
way of Torres Straits — £6,000 per annimi for three years. 
The adoption of this Report was moved by Mr. Donaldson, 
on 13th September. An amendment by Mr. Martin — ^that, 
though willing to vote the £6,000 per annum, the House 
declined to vote any sum for that purpose by any other than 
the direct route to and from Singapore, passed without division. 

Out of a series of resolutions on grievances moved by Mr. 
Wentworth, on 27th August, the following passed : — 

" (1.) That it is a grievance that the Salary and Establishment of the 
Governor, so long as he continues to be a strictly Imperial Officer, appointed 
by the Home authorities, and responsible only to them, are not defrayed to 
the extent of half out of Imperial Funds. 

'^ (2.) That, in the opinion of this House, the Schedules A, B, and C, 
appended to the Imperial Act 5 & 6 Victoria, chap. 76, are a grievance ; 
that they are opposed to the Declaratory Act, 18 Geo. III., cap. 12, sec. 1, 
which places the appropriation as well as the imposition of all taxes in the 



Oovemor Fitz Boy. 169 

several Legislatures of ilie Colonies ; and that the tendency of these Schedules, 
independent of this fundamental objection to their enactment by the Imperial 
Parliament, is to encourage a wasteful expenditure of the public moneys, 
and to destroy all responsibility in the governing power to the people's 
representatives. 

'* (3.) That, in the opinion of this House, the Imperial Act 5 and 6 
Victoria, chap. 36, which places the management of the lands of the Colony, 
and the appropriation of the Revenues thence arising, beyond the control of 
this House, is a grievance ; that inasmuch as the whole value of these lands 
has been imparted to them by the settlement of the colonists, and by the 
labour and capital which they have expended upon them, and this value 
consequently belongs to the whole Colony, it follows that the entire revenues 
thence arising, whether by sale or rent, ought of right to form part of our 
ordinarv revenue, and to be subject to the sole control and appropriation 
of the local Legislature ; that although by the Bill now before Parliament 
for the better government of the Australian Colonies, it is proposed to vest 
in the General or Federal Assembly, to be thereby constituted, the power to 
redress this grievance, this House, — seeing the uncertainty that any two of 
these Colonies will agree to set this General Assembly in motion, — that the 
process for calling it together, even though they should so agree, is very dilatory, 
— and that there is little chance of any unanimity in regard to a uniform, 
price for the public lands of these Colonies, so diverse in climate, production 
and soil, — does not look to any relief from a legislative body so unfitted to 
deal with this grievance, and insists on the justice and expediency of vesting 
plenary powers, with reference to the public lands of these several Colonies, 
in their several Legislatures." 

A Bill making provision for the better sewerage, cleansing, 
and drainage of the City of Sydney was passed on 26th 
September. 

The Appropriation Bill passed on 25th September. 

A Bill to incorporate and endow the University of Sydney 
— introduced on 25th June by Mr. Wentworth — passed ; and 
was assented to on 1st October. 

The Legislative Council was prorogued on 2nd October. 
In his speech the Governor stated that he would take 
an early opportunity of adopting the necessary proceed- 
ings for giving effect to the measure establishing and 
endowing the University of Sydney. Great advantages were 
anticipated from the measures adopted for the improvement 
of the constitution and organization of the police. It was 
hoped that the Act for the regulation of the Sydney Corpor- 
ation might be attended with beneficial results, both as 
regarded the general management and the improvement of 
the sanitary condition of the city. The important decision 
of the Council relative to the renewal of transportation 
would be transmitted without delay to the Home Govern- 
ment ; as also would those on the subjects of appointments 
to the Colonial Service, and of steam communication with 



170 Neto South Wedes. 

England. Kecent accounts from England left but little 
doubt that the Bill for the separation of Port Phillip and 
the better goTemment of the Australian Colonies would 
have passed through the British Parliament before the end 
of its Session. In such case it would be his duty to call the 
Council together as soon as the proper measures could be 
devised and. matured for giving effect to the Imperial Act. 

The agitation in regard to transportation, which had for 
several years been ever increasing in intensity, towards 
the close of 1850 reached its climax. And on the 1st 
January, 1851, the New South Wales Anti- transportation 
Association was dissolved, by union with a confederated 
league, which had been formed in Melbourne, and was 
joined by the colonists of New South Wales, Victoria, South 
Australia, and Van Diemen's Land. The solemn engage- 
ment of the Australasian Anti-transportation League was 
declared to the following effect : — 

" (1.) That they engage not to employ any persons thereafter transported. 

"(2.) That they would use all the powers they possessed to prevent the 
establishment of English prisons or penal settlements within their bounds, 
and to seek the repeal of all regulations, and the removal of all establish- 
ments, for that purpose. 

"(3.) That they would support in every way all who might suffer in the 
lawful promotion of this cause." 

The first Session of the year 1851 opened on 28th March. 
Mr. William Montagu Manning took his seat as a non-elective 
Member of the Council, in room of Major-General Wynyard, 
resigned. Mr. William Westgarth took his seat as Member 
for Melbourne, in room of the Right Hon. Earl Grey. 

The Governor, in his Opening Speech, stated that he had 
called the Council together for the consideration and enact- 
ment of the measures necessary for giving eflFect to the 
provisions of the Imperial Act lately passed for the better 
government of the Australian Colonies ; for the division of the 
Colony into electoral districts on the separation of Port 
Phillip ; and for the division of Port Phillip into electoral 
districts on its erection after such separation into the 
Colony of Victoria. A copy of this Act, also of an explana- 
tory despatch, would be immediately submitted. The 
presence of His Honor the Superintendent of Port Phillip, 
Mr. C. J. La Trobe, would be availed of to obtain such 
suggestions as his long experience in the management of the 
district enabled him to offer for the proper division of the 



Govermr litz Roy. 171 

new Colony of Victoria, over which, as a reward for his lon^ 
career of usefulness, Her Majesty had signified her intention 
of appointing him the first Lieutenant-Gtovemor. 

The despatch from Earl Grey relative to the new Constitu- 
tion was then laid before the Council. Therein Earl Grey 
stated that the fundamental principle of the measure was that 
of maintaining the existing Constitution of New South Wales, 
with as little alteration as possible, in the separate Colonies 
into which it was to be divided, and extending that Con- 
stitution to the other Colonies in which Representative 
Constitutions were under that Act to be granted. But while 
thus maintaining the existing Constitution of New South 
Wales, the Home Government were anxious to give to the 
Legislature the fullest power, consistent with safety, of 
amending that Constitution ; and of modifying from time 
to time, without the intervention of Parliament, the political 
arrangements which might be suitable to existing circum- 
stances, but which were likely to reqiiire adaptation to the 
changes which must take place in so rapidly advancing a 
society. The necessary powers for this purpose were given 
by section 32 of the Act. They extended to the formation 
of two Chambers, of which one or both might be elective. 
The only restriction on the general power of alteration 
appeared to be that, if the present single Chamber were 
reUdned, the proportion of elective to non-elective Members 
could not be varied, nor could the manner of appointment 
of the non-elective Members be interfered with. The control 
of Her Majesty's Government over the more extensive 
changes which might thereafter be made in the Constitution 
was provided for by the 32nd section, which enacted that 
these changes should only be affected by reserved Bills. The 
views of the Secretary of State were then stated as unfavour- 
able to any hasty attempt to establish a more elaborate 
Legislature than existed. The most important deviation 
from the existing Constitution was the reduction of the 
franchise ; and they were empowered to form new electoral 
divisions, without regard to the " boundaries of location," 
and thus provide a legal means for the admission to the 
franchise of persons holding pasture licenses, or residing 
beyond the bounds of location. Regarding the clauses of 
the Act which related to the power of the Legislature as to 
the imposition of taxes, and the appropriation of public 
money, the management of Customs was henceforth to be 



172 New South Wales. 

placed under the local Government, and the Lords of the 
Treasury concurred in the desire that the local Legisla- 
ture should have the fullest information respecting the 
charges on the goods revenue for the cost of collection. 
Sections 13, 17, and 18 gave the Legislature a considerably 
increased control over that part of the colonial expenditure 
charged on the Civil List. The Legislature would have the 
power to alter, by Acts passed for that purpose, all or any of 
the sums specified in the Schedules. In case these alterations 
should affect the salary of the Governor, or the appropria- 
tion for Public Worship, it was required that the Colonial 
Acts should be reserved for Her Majesty *s assent. The pro- 
viso contained in the former Act — giving to the Governor 
the power of varying the sum appropriated to the purposes 
of Schedule B, and exempting the savings accruing there- 
from from the control of the Legislative Council — had been 
omitted in the present Act, as there appeared no sufficient 
reason why the ordinary power of the Legislature should not 
extend to these particular savings. All other salaries except 
those of the Governor and the Judges were placed by Parlia- 
ment under the ordinary control of the Legislature. It was, 
however, considered absolutely essential that the salaries of 
all the principal Government officers should be permanently 
granted, i.e.^ not voted from year to year, but provided for 
by Acts in the same manner as charges oi;i the Consolidated 
Pund in England, and therefore only susceptible of alteration 
by Acts of the Legislature. The Land Revenue was of a 
very different character from that raised by taxation ; and 
his views with regard to it would be best explained by an 
enclosed copy of a despatch addressed to the Governor of 
Van Diemen's Land. The principles there stated were, with 
very slight modifications, applicable to New South Wales. 
The most important differences between the two Colonies 
were — ^first, in New South Wales the expenditure of half 
the income derived from the sale of land on emigration 
was an appropriation tending directly to increase the value 
of the land from which it was derived ; and secondly, in Van 
Diemen's Land there was no longer occasion for expenditure 
on account of aboriginals, while in New South Wales this 
expenditure ought to be regarded as a prior charge on the 
land revenue. After providing for this and sundry other 
necessary charges, such a proportion of the land revenue as 
was not required for emigration ought, as far as possible, to 
be expended in local improvements in the districts in which 



Oovemor Fitz Roy. 173 

it arose. The provisions of the Act respecting District 
Councils were closely connected with the latter subject. 
Certain sections of the Act gave the several Colonial Legis- 
latures full power (hitherto somewhat curtailed) to impose 
such Customs Duties as they thought fit, provided they were 
not of a differential kind, and did not contravene some 
minor regulations. The boundary between New South Wales 
and Victoria was the same as that existing between the 
Sydney and Port Phillip districts. Provisions had been intro- 
duced on consideration of the peculiar circumstances of the 
Moreton Bay district. In view of the distance between the 
centre of this district and Sydney, the same inconveniences 
which led to the separation of Victoria might arise. It had, 
therefore, been deemed expedient that the Crown should 
possess the power of forming a new Colony or Colonies, to 
include Moreton Bay, and of communicating representative 
institutions to the inhabitants of any district so divided. 
This Act enabled Her Majesty, on petition of the inhabitant 
householders of the territories north of the 30th degree of 
south latitude, to detach such territories from New South 
Wales, and erect them into a separate Colony or Colonies. 
Clauses giving power for the establishment, under certain 
circumstances, of a General Assembly for the Colonies were 
omitted from the Bill in its progress through the House 
of Lords. Some difficulty was necessarily experienced in 
framing the Schedules to the Act. There was no desire 
to increase the amount of the Civil List; but the Home 
Government were anxious that no existing interests should 
be disturbed. This circumstance, and the inevitable increase 
on the establishment of Victoria on being raised to a separate 
Government, had augmented the charge by nearly £12,000. 
But if it were found on examination that the charge was 
excessive, the Act provided a means of making a reduction 
accordingly. In framing this measure, and recommending 
it to Parliament, Her Majesty's Government had no other 
object in view but that of establishing in the Australian 
Colonies a system of government founded on the same 
principles of well-regulated freedom under which the British 
Empire had risen to so high a pitch of greatness and power. 
It was his (Earl Grey) earnest and confident hope that by 
this Act of Parliament the foundation was laid upon which 
institutions might gradually be raised worthy of the great 
nation of British origin which seemed destined rapidly to 
rise up in the Southern hemisphere, and to spread the race 



174 New South Wales. 

and language, and carry the power of the British Crown 
over the whole of the vast territory of Australia. 

The Act for the hetter government of the Australian 
Colonies was to be operative in New South Wales, Van 
Diemen's Land, South Australia, and Western Australia, 
and contained provisions for the erection in each Colony of 
Legislative Councils, more or less similar to that of New 
South Wales. The qualification of voters in New South 
Wales was reduced to the possession of a freehold estate of 
the clear value of £100 ; being a householder occupying a 
dwelling-house of the clear annual value of £10 ; holding a 
license to depasture lands ; or having a leasehold of the value 
of £10 per annum. 

The Address in Reply to the Governor's Opening Speech 
was adopted without division, on the motion of Mr. Ebden. 

Mr. Henry Watson Parker was re-elected Chairman of 
Committees. 

The New South Wales Electoral Bill, re-arranging the 
electoral districts of New South Wales; and the Victoria 
Electoral Bill, giving effect to the provisions of the recent 
Act creating Port Phillip a separate Colony — ^passed the 
Legislative Council on Ist May, and were assented to on 
the following day. By the former. New South Wales was 
divided into thirty-one electoral districts, returning thirty- 
six Members. The City of Sydney was to return three 
Members; the Counties of Cumberland and Durham, each 
two ; the united Counties of Northumberland and Hunter 
together, should return two ; and all the other constituencies, 
one Member. 

In reference to the equipment of a search party for the 
purpose of tracing Dr. Leichhardt's last exploration, Mr. 
Nichols, on 4th April, moved : — 

" That an Address be presented to His Excellency the Q-ovemor, praying 
that His Excellency will be pleased to place upon the Supplementary 
Estimates for the year 1851, a sum not exceeding £2,000, for the purpose of 
outfitting an expedition to proceed in search of Dr. Ludwig Leicnhardt and 
the exploring party under his command, who left the Settled Districts of 
!New South Wales in 1848, for the purpose of finding and pursuing an over- 
land route to Western Australia." 

The resolution passed without division. 

On 11th April Mr. Richard Jones took his seat for Glou* 
cester, Macquarie, and Stanley. 



Oaoemor Fitz Boy. 175 

The following resolutions by Mr. Donaldson, relative to 
Steam Communication with Europe, passed on 22nd April: — 

'^That whereas a sum of £6,000 a year, out of the Colonial Revenue, has 
been held at the disposal of the Home Government for the last five years, for 
the purpose of establishing Steam Communication with the Mother Country : 

''And whereas the respectful remonstrances made by this House to the 
Home Government on this subject, from year to year, since the year 1848, 
have hitherto been entirely without avail — this House resolves : — 

'* Ist — ^That, in their opinion, the establishment of Steam Communication 
has never been rendered probable, within . a reasonable time, by any steps 
which the Home Government have taken, and that the difficulty now publicly 
stated by the Secretary of State to have been interposed on the part of the 
East India Company ought not to have constituted a reason for the delay 
which has taken place. 

" 2nd. — And further, That it is the opinion of this House that the course 
pursued by the Home Government has been a source of grievous disappoint- 
ment to all classes of Her Majesty's subjects in this Colony, and has retarded 
very materially the social, political, and commercial advancement of the whole 
of the Australian Dependencies. 

'' 3rd. — That an Address, embodying the foregoing £.esolutions, be presented 
to His Excellency the Governor, accompanied with a request that he will 
forward the same to Her Most Gracious Majesty the Queen." 

On Ist May the Abstract of the B,evemies for 1850 were 
laid before the Council. The General Eievenue Receipts 
were £370,354 2s. 5d. ; a balance of £71,345 4s. 3id. from 
1849 made the total Revenue £441,699 6s. 8id. The Dis- 
bursemenfa were £331,610 Is. 7d., leaving a balance of 
£110,089 5s. l^d. on 31st December, 1850. The Crown 
Revenue (with a balance from the previous year of nearly 
£110,000) amounted to £373,109 2s. 8d.; the Disbursements 
to £232,877 13s. 6d., leaving an unexpended balance of 
£140,231 9s. 2d. at close of 1850. 

On 8th April a Select Committee was appointed, at the 
instance of Mr. Wentworth, to prepare a Remonstrance 
against the new Constitution Act. On 29th April they 
brought up their Report and Remonstrance. On 1st May 
Mr. Wentworth moved the adoption of the following De- 
claration and Remonstrance, recommended by the Select 
Committee : — 

" We, the Legislative Council of New South Wales, in Council assembled, 
feel it to be a duty which we owe to ourselves, to our constituents, and to 
posterity, before we give place to the New Legislature established by the 
13 and 14 Yict., cap. 59, to record our deep disappointment and dissatisfac- 
tion at the Constitution conferred by that Act on this Colony. After the 
reiterated reports, resolutions, addresses, and petitions which have proceeded 
from us during the whole course of our legislative career, against the Sche- 
dules appended to the 5 and 6 Yict., cap. 76, and the appropriations of our 
Ordinary Revenue under the sole authority of Parliament — against the 



176 New South Wales. 

adn]iiiLsti*ation of our Waste Lands, and our Territorial Bevenue thence 
arising — against the withholding of the Customs Department from our con- 
trol — against the dispensation of the patronage of the Colony at the dictation 
of the Minister for the Colonies — and against the veto reserved and exercised 
by the said Minister,. in the name of the Crown, in matters of Local Legisla- 
tion — we feel that we had a right to expect that these undoubted grievances 
would have been redressed by the 13 and 14 Vict., cap. 59 ; or that power to 
redress them would have been conferred on the constituent bodies thereby 
created, with the avowed intention of establishing an authority more com- 
petent than Parliament itself to frame suitable Constitutions for the whole 
group of the Australian Colonies. These our reasonable expectations have 
been utterly frustrated. The Schedules, instead of being abolished, have 
been increased. The powers of altering the appropriations in these Schedules, 
conferred on the Colonial Legislature by this new Act, limited as these powers 
are, have been, in effect, nullified by the subsequent instructions of the 
Colonial Minister. The exploded fallacies of the Wakefield theory are still 
clung to ; the pernicious Land Sales Act- (5 and 6 Vict, cap. 36) is still 
enforced ; and thousands of our fellow subjects (in consequence of the undue 
price put by that mischievous and impolitic enactment upon our Waste Lands, 
in defiance of the precedents of the United States, of Canada, and the other 
North American Colonies, and even of the neighbouring Colony of the Cape 
of Good Hope) are annually diverted from our shores, and thus forced against 
their will to seek a home for themselves and their children in the backwoods 
of America. Nor is this all. Our Territorial Revenue, diminished as it is 
by this most mistaken policy, is in a great measure confined to the introduc- 
tion among us of people unsuited to our wants, and, in many instances, the 
outpourings of the poor-houses and unions of the United Kingdom, instead of 
being applied in directing to this Colony a stream of vigorous and efficient 
labour, calculated to elevate the character of our industrial population. The 
bestowal of office among us, with but partial exception, is still exercised by or 
at the nomination of the Colonial Minister, and without any reference to the 
just claims of the Colonists, as if the Colony itself were but the fief of that 
Minister. The salaries of the Officers of the Customs and all other depart- 
ments of Government, included in the Schedules, are placed beyond our 
control ; and the only result of this new enactment, introduced into Parlia- 
ment by the Prime Minister himself, with the declared intention of conferring 
upon us enlarged powers of self-government and treating us, at last, as an 
integral portion of the Empire — is, that all the material powers exercised for 
centuries by the House of Commons are still withheld from us ; that our 
loyalty and desire for the maintenance of order and good government aro 
so far distrusted that we are not permitted to vote our own Civil List, lest 
it might prove inadequate to the requirements of the Public Service ; that 
our Waste Lands, and our Territorial Revenue, for which Her Majesty is but 
a trustee, instead of being spontaneously surrendered as the equivalent for 
such Civil List, is still reserved, to the great detriment of all classes of Her 
Majesty's subjects, in order to swell the patronage and power of the Ministers 
of the Crown ; that whilst, in defiance of the Declaratory Act (18 Geo. Ill, 
cap. 12, -sec. 1), which has hitherto been considered the Magna Charta of the 
representative rights of all the British Plantations, a large amount of our 
Public Revenue is thus levied and appropriated by the authority of Parlia- 
ment, we have not even the consolation of seeing that portion of it which is 
applied to the payment of the salaries of our Public Officers distributed as it 
ought to be, among the settled inhabitants ; and that, as a fit climax to this 
system of misrule, we are not allowed to exercise the most ordinary legislation 
which is not subject to the veto of the Colonial Minister. 



Governor Fitz Boy. 177 

" Thus circumstanced, we feel that, on the eve of the dissolution of this 
Ck>uncil, and as the closing act of our Legislative existence, no other course is 
open to us but to enter on our Journals our declaration, protest, and remon- 
strance, as well against the Act of Parliament itself (13 and U Vict., cap. 59) 
as against the instructions of the Minister by which the small power of 
retrenchment that Act confers on the Colonial Legislature has been thus over- 
ridden ; and to bequeath the redress of the grievances, which we have been 
unable to effect by constitutional means, to the Legislative Council by which 
we are about to be succeeded. 

" We, the Legislative Council of New South Wales, do accordingly hereby 
solemnly protest, insist, and declare as follows : — 

" 1st. — That the Imperial Parliament has not, nor of right ought to have, 
any power to tax the people of this Colony, or to appropriate any of the 
monies levied by authority of the Colonial Legislature ; — that this power can 
only be lawfully exercised by the Colonial Legislature ; — and that the Imperial 
Parliament has solemnly disclaimed this power by the 18 Geo. Ill, cap. 12, 
sec 1, which Act remains unrepealed. 

" 2nd. — That the Revenue arising from the Public Lands, derived as it is 
mainly from the value imparted to them, by the labour and capital of the 
people of this Colony, is as much their property as the ordinaiy Revenue, and 
ought therefore to be subject only to the like control and appropriation. 

" 3rd. — That the CustoiAs and all other departments should be subject to 
the direct supervision and control of the Colonial Legislature ; which should 
have the appropriation of the gross revenues of the Colony, from whatever 
source arising ; and as a necessary incident to this authority, the regulation 
of the salaries of all Colonial Officers. 

" 4th. — That offices of trust and emolument should be conferred only on 
the settled inhabitants,. the office of Governor alone excepted; that this officer 
should be appointed and paid by the Crown ; and that the whole patronage 
of the Colony should be vested in him and the Executive Council, unfettered 
by instructions from the Minister for the Colonies. 

" 5th. — ^That plenary powers of legislation should be conferred upon and 
exercised by the Colonial Legislature, for the time being ; and that no Bills 
should be reserved for the signification of Her Majesty's pleasure, unless they 
affect the prerogatives of the Crown, or the general interests of the Empire. 

" Solemnly protesting against these wrongs, and declaring and insisting 
upon these our undoubted rights, we leave the redress of the one and the 
assertion of the other to the people whom we represent, and the Legislature 
which shall follow us." 

The resolution passed by 18 to 8. 

The Legislative Council was prorogued on 2nd May by 
His Excellency Sir Charles Fitz Roy. It was confidently 
hoped that the measures which had been passed for the 
electoral division of New South Wales and of the new 
Colony of Victoria would be found not only congenial to 
the sentiments of a large majority of the colonists, but 
admirably adapted — ^because based on the principles of the 
British Constitution — to secure to them those blessings which 
could only flow from a proper balance of legislative power 
amongst the several interests composing the community. 
The Address adopted in relation to the Constitution Act 

M 



178 New South Wales^ 

would be transmitted without delay to the Secretary of State. 
Hearty congratulations were offered to the inhabitants of the 
new Colony of Victoria on the certain prospect now opened 
to them of becoming a separate dependency of the Crown- 
It could not be denied that so prosperous a community could 
not so suddenly have risen up but for its connection with the 
older settlements of New South Wales, and the adyantages 
which it thus possessed of obtaining sheep and cattle, and 
the experience necessary to their successful management. 
An immediate ralue was thus given to the lands of the dis- 
trict, the greater part of which would otherwise have remained 
for a considerable period comparatively unproductive and 
unsaleable. Although the two colonies were in future to be 
politically separated, it was trusted there would always sub- 
sist between them mutual feelings of goodwill, which could 
not fail to be highly beneficial to both commimitics ; and 
that the legislation of the two colonies on aU intercolonial 
matters would be conducted on the most liberal principles of 
reciprocal advantage. Although the Council would not be 
inunediately dissolved, lest unforeseen circumstances render- 
ing it expedient to have recourse to their advice should arise, 
it was not probable that he (Sir Charles Fitz Boy) would 
have occasion to call them together again for the despatch of 
business. 

During the interval between the dissolution of the Legisla- 
tive Coimcil and its re-assembling gold was discovered by Mr. 
Edward Hammond Hargraves. Mr. Hargraves, whUe on a 
visit to California^ was struck with the similarity between 
the richest diggings in that country and a portion of the 
Bathurst district, over which he had previously travelled, 
and on his return to Sydney he made an exploring ex- 
pedition thither, which realized his expectations. Some 
nuggets and dust having been brought from SummerhUl 
Creek to Sydney, a rush thither at once took place. The 
intelligence received day by day was such as tended to 
increase the excitement. A nugget of 46 ozs. having been 
brought into town and exhibited, raised the passion for 
gold-seeking to the highest pitch, and it was confirmed by 
the receipt of authentic intelligence that a blacksmith of 
Bathurst had taken lllbs. of gold out of one hole. The 
unsettling of the population which now took place affected 
the price of provisions, and in a fortnight the price of flour 
rose from £20 to £30 per ton. At the commencement of 



Governor FUz Roy. 179 

June such were the attractions which the prospect of accumu- 
lating a sudden fortune presented that one traveller from 
Bathurst to Sydney counted 1,800 persons wending their way 
to the gold-fields. In June, gold was discoyered at the 
Turon and several other localities in the Western Districts, 
and in the vicinity of Goulbum ; in July, 1061bs. weight of 
gold, in a solid mass, was found by a blackfellow on Dr, 
Kerr's station, near Bathurst ; and in the same month gold 
to the value of £11,648 was sent to England. In Victoria, 
in October, gold was discovered. The total number of 
licenses issued in New South Wales up to the close of October 
was 12,186. Of these, 2,094 were issued at Ophir, 8,637 at 
the Turon, 1,009 at the Meroo and Louisa Creek, 41 at the 
Abercrombie, and 405 at Araluen. The license fee was 30s. 
per month. 

The elections for the new Legislature having taken place, 
and all the writs having been returned, on the 14th October 
the new Legislative Council was inaugurated. Dr. Nicholson 
was again elected Speaker. 

The Governor, on the 16th October, delivered the Opening 
Speech. Under the circumstances of the unavoidably late 
meeting of the Council, the measures to be introduced by the 
Government in the ensuing Session would be confined to 
those of such an urgent nature as would not admit of delay 
without inconvenience or injury to public interests. Her 
Majesty having been pleased to confer upon him (Sir Charles 
Fitz Roy) the important appointment of Governor- General, a 
despatch from the Secretary of State would be submitted 
explaining the object for which this appointment had been 
created. The writs for the first election to the Legislative 
Council of Victoria having been issued on 1st July, that 
portion of the former territory of New South Wales became 
a separate colony, and the authority of the Governor and, 
Council of New South Wales over it therefore finally ceased 
from that date. In the short period that had elapsed since the 
termination of the last Session a most important change had 
taken place in the resources of the Colony. The discovery of 
an extensive and productive gold-field had opened out fresh 
prospects of advancement and prosperity which could not 
fail eventually to prove highly advantageous. This dis- 
covery had not hitherto been attended with any serious 
interruption to or disturbance of the ordinary industrial 
pursuits of the Colony. The order and obedience to the 



180 New South Wales. 

regulations provisionally established by the Government for 
the collection of revenue, and the decision of disputes in 
working the gold-fields, were highly creditable to the large 
body of persons employed. It had been found necessary, 
under the peculiar circumstances which had arisen, to increase 
the pay of the constabulary force, and of some other persons 
in subordinate positions under the Government. The Gover- 
nor relied upon the Council giving Legislative sanction to 
this increase, which the great rise in the price of provisions, 
and the temptation to leave the Public Service offered by the 
successful prosecution of gold- digging, rendered absolutely 
necessary. The wheat crop had partially failed; and the 
price of flour had been considerably higher than usual. 
There was, however, at present a larger breadth of land 
under wheat culture than at any former period. There would 
be a Despatch at once submitted, containing the decision of 
Her Majesty's Government on the Address of the late Council 
to Her Majesty on the subject of transportation, and inti- 
mating the intention of advising Her Majesty to revoke the 
existing Order in Council, so far as it related to New South 
Wales. A copy of a Despatch on the subject of Crown 
Lands would also be submitted. The Estimates would shortly 
be presented ; in the peculiar circumstances of the Colony some 
considerable additions would be necessary to ensure efficiency 
in the Public Service. A Bill imposing a new tariff of duties 
on imports would be laid before them. It had been framed 
upon the most liberal scale consistent with the raising of 
sufficient revenue to provide for the public requirements; 
and would abolish all distinction whatever in the rates 
imposed on articles produced in or imported from any country. 
It was calculated to open out in the Colony a market for the 
disposal of articles of foreign produce and manufacture. By 
the new Constitution Act a considerably increased control 
had been given to the Colonial Legislature over the Schedules 
to that Act. He recommended that the whole subject of the 
expenditure in question should be brought under review by 
a Select Committee. A copy of the Report of the Board on 
the management of the Post Office Department; also, a 
Despatch on the subject of late postal reforms, would be sub- 
mitted. In deference to a generally expressed opinion, it 
was intended to introduce a provision for exempting in future 
all newspapers from postal charges. A Bill dealing with the 
marriage laws would be introduced. A Despatch on the 
subject of Military Defences, offering certain assistance in 



Oovernor Fitz Boy. 181 

the execution of the works by means of military labour, 
would be submitted ; and the proposal was recommended to 
the early and attentiye consideration of the Council. 

The Address in Reply was adopted, on the motion of Mr, 
Alick Osborne, without division. 

Mr. Parker was again elected Chairman of Committees. 

The Despatch in reference to the appointment of Sir 
Charles Fitz Roy as Governor- General of the Australian 
possessions explained that in entrusting the Governor with 
the extensive powers conveyed by this and by Her Majesty's 
other several commissions, it was neither desired nor intended 
that he should exercise practically any interference in the 
administration of the Governments of the Colonies of Van 
Diemen's Land, South Australia, and Victoria, with respect 
to matters affecting only the internal interests of any of those 
several Colonies. The Lieutenant-Governors of these Colonies, 
together with the Governor of Western Austraha, would 
continue to administer the Governments as heretofore, and 
to correspond with the Secretary of State respecting their 
affairs. But as the expanding interests and increasing 
relations of these communities with each other could not fail 
to create a want of some means of establishing a mutual 
concert between them on a variety of subjects. Her Majesty's 
Government had thought fit that the Officer administering 
the Government of the oldest and largest of those Colonies 
should be provided with a general authority to superintend 
the initiation and foster the completion of such measures as 
those communities might deem calculated to promote their 
common welfare and prosperity. The commissions of the 
various Governors had therefore been altered, in order to 
supply the Governor of New South Wales with those fresh 
powers that seemed to be needed. In furtherance of the 
purposes already indicated, the Lieutenant-Governors of the 
other Australian Colonies would be directed to communicate 
with Sir Charles Fitz Roy on all points on which the measures 
adopted in any one Colony might appear calculated to affect 
the interests of others, and, in the absence of any express 
instructions from Her Majesty's Government, to be guided 
by his judgment should any question arise in which more 
than one of the Colonies were concerned. As the relations 
of Victoria with New South Wales were necessarily more 
intimate than the other Colonies, there should be no legis- 
lation by either of these Colonies for the purpose of altering 



182 New South Wales. 

import duties without previous communication with each 
other, and Mr. La Trohe would be instructed accordingly. 
There was no immediate necessity for his (Sir C. Ktz Roy), 
repairing to Van Diemen's Land, South Australia, or Victoria ; 
but if such a necessity should arise, he would, by virtue of 
his commission, assume the government of any one of those 
Colonies in which he might be present, and retain it during 
the whole period of his residence. During such period the 
functions of the Lieutenant-Governor would be completely 
suspended. Care was to be taken that no unnecessary 
interruption to the ordinary government of those Colonies 
took place ; and the respect and deference due to the authority 
of the Lieutenant-Governor were to be maintained unimpaired. 
As it was not likely that, under any circumstances, he might 
have to proceed to Western Australia, the administration of 
the Government of that Colony remained vested entirely in 
the present Governor. 

The Despatch on Crown Lands referrred to in the Speech 
acknowledged the receipt of an Address from the Council, 
accompanied by a Report of a Select Committee of the Council 
on Crown Lands. This Report had been referred to the 
Commissioners of Colonial Lands and Emigration, from whom 
a very able Report thereon had been received, which was 
forwarded to the Governor. Upon the most important of the 
questions submitted — ^viz., the minimum price of land — the 
Report of the Commissioners appeared conclusively to demon- 
strate that the reduction of the upset price would not be 
attended with the advantages anticipated by the Committee, 
and he (Earl Grey) hoped that the force of their reasoning 
would have much influence with the Legislature and people 
of New South Wales. He would add that, unless the 
advantages to arise from the reduction of the upset price 
of land coidd be very clearly established it would be very 
inexpedient to adopt it, on account of the obvious tendency 
of such a step to diminish the confidence of purchasers. If— 
After an enactment providing that the price of land might 
indeed be raised by the Crown, but that it should not admit 
of being lowered except by the authority of Parliament — the 
price were to be reduc^ on any but the strongest and 
clearest proof of the necessity of the measure, it would be 
impossible to feel any confidence in the permanence of any 
lower price which might be submitted. A general sense of 
jinccrtainiy would be thrown over the value of the land. 



Oo^emor FUz Boy. 188 

Having weiglied the whole subject, the Home Grovemment 
continued to be of opinion that it would injure the true 
interest of the Colony to take any steps with a view to alter 
the existing Regulations as to the disposal of the lands of 
the Crown, 

Two Despatches on Transportation — one dated September, 
1850, the other April, 1851 — were laid before the Council on 
17 th October. The first was in answer to two petitions which 
had been transmitted through the Governor, from certain 
stock-holders, praying for a continuance of transportation to 
the northern part of New South Wales. The memorialists 
were informed that Earl Grey would be happy to comply 
with their request, but Her Majesty's Government did not 
consider it right to act in opposition to the wishes of the 
Colonial Legislature. If, however, that Legislature should 
think it right to reconsider the opinion it had declared, and 
to request that convicts should again be sent, in limited 
numbers, to the abovementioned district only, he was not 
aware of any reason why this should not be done. 

The second Despatch was that referred to in the Opening 
Address. It stated that the Address from the Legislature, to 
which it was a reply, might be considered a final expression 
of that body as hitherto constituted ; and there seemed no 
probability that application would be again made by the 
inhabitants of the greater part of the territory of New South 
Wales and Victoria for convicts to be sent thither. If the 
new Legislature of New South Wales, after the division of 
the two provinces, should think fit to adopt the views 
expressed by the inhabitants of the northern district of that 
Colony, or if the latter should avail themselves of their power 
of applying for a further division of the Colony for the sake 
of obtaining convict labour, it would be proper that instead 
of the existing Order-in- Council another should be substituted 
limiting the district to which convicts might be sent to 
that in which their services might be tequired. Her Majesty 
would therefore be advised at an early opportunity to revoke 
the existing Order-in-Council, so far as it related to New 
South Wales. 

Regarding the latter of these Despatches, Mr. Lamb moved 
a series of resolutions, which were put seriatim. The first 
four of these, having been amended, on a motion by Captain 
King, were passed, as follows, on a division of 21 to 11 : — 

" (1.) That this Council having had under its consideration the Despatch of 
Earl Grey to His Excellency Sir Charles Fitz Roy, No. 29, bearing date lOth 



184 New South Wales. 

April, 1851, and having again deliberated upon the whole question of trans- 
portation, re-affirms the decision of the late Council, that * no more convicts 
ought under any conditions to be sent to any part of this Colony.' 

'' (2.) That the grave objections which have hitherto been urged against the 
continuance of transportation to the Australian Colonies derive increased 
weight from the recent discoveries of productive gold-fields, which, having 
been found so widely distributed throughout New South Wales and Victoria, 
may also reasonably be expected to be developed in the neighbouring Colony 
of Van Diemen's Land. 

'^ (3.) That this Council, therefore, convinced that the transportation of 
criminals from the United Kingdom would entail upon these Colonies, and 
more especially upon New South Wales, the most serious moral and social 
evils, and be wholly inefficacious as a secondary punishment, protests against 
its continuance, in any form whatever, to any part of Her Majesty's Austral- 
asian Possessions. 

" (4.) That an Address be presented to His Excellency the Governor-General, 
requesting His Excellency to forward the foregoing Resolutions to the Secretary 
of State for the Colonies, and to recommend them to the early consideration, 
of Her Majesty's Government" 

On 10th December a copy of a Despatch from the Secretary 
of State revoking, so far as concerned New South Wales, the 
Order-in- Council appointing places to which felons and other 
offenders might be sent, was transmitted to the Legislative 
Council. 

, A Select Committee on Grievances was appointed on the 
motion of Mr. Wentworth on 31st October. The Chairman, 
on 27 th November, brought up the report, and laid on the 
table two draft Petitions to Her Majesty and both Houses 
of Parliament. On 5th December these Petitions were 
adopted by 21 to 8. After reciting the Petition adopted by 
the previous Legislative Council, on the eve of their super- 
cession by the existing one, they went on to pray : — 

'* That we, the succeeding Legislative Council, do accordingly present to 
Your Majesty our affirmation of the same grievances, all of which, with a 
slight modification in the patronage of the Customs Department, by no means 
commensurate with the rights in the said protest and declaration insisted upon, 
remain unredressed. 

'* That these grievances having formed the subject of repeated representar 
tions and complaints from the former Legislative Council, all of which have met 
with neglect or disregard from Your Majesty's Colonial Minister, we owe it 
to ourselves and to our constituents to denounce to your Majesty, as the chief 
grievance to which the people of this Colony are subjected, the systematic and 
mischievous interference which is exercised by that Minister even in matters 
of purely local concernment 

" That whilst we are most anxious to strengthen and perpetuate the con- 
nexion which still happily subsists with our Fatherland, we feel it a solemn 
duty to Your Majesty and our fellow countrymen in the United Kingdom, to 
declare that it will be impossible much longer to maintain the authority of a 
LocaJ Executive which is obliged by its Instructions to refer all measures <^ 



Oovemor Fitz Hoy. 186 

importance, no matter how great the urgency for their immediate adoption, 
for the decision of an inexperienced, remote, and irresponsible Department. 

" That in order, however, that Your Majesty's Confidential Advisers may 
have no excuse for the continuance of these abuses, we unhesitatingly declare 
that we are prepared, upon the surrender to the Colonial Legislature of the 
entire management of all our Revenues, Territorial as well as Greneral, in 
which we include Mines of every description, and upon the establishment of 
a Constitution among us similar in its outline to that of Canada, to assume 
and provide for the whole cost of our internal Government, whether Civil or 
Military, the salary of the Governor-General only excepted — and to grant to 
Your Majesty an adequate Civil list, on the same terms as in Canada, instead 
of the sums appropriated in the Schedules to the Imperial Act 13 and 14 
Victoria, chap. 59. 

"We, the said Legislative Council, therefore humbly pray that Your 
Majesty will be graciously pleased to cause such measures to be adopted as 
may be necessary for the early redress of these grievances." 

The Financial Message for 1851-52 was submitted on 21st 
October. A supplementary estimate for 1851 was also sub- 
mitted. The estimated Ways and Means for 1852 were 
£290,998 4s. ; the estimated Expenditure— £199,900 5s. 2d.— 
together with amounts reserved by the Schedules, the expenses 
of Customs and Distilleries, and the expense of the endowment 
of the University of Sydney, made a total of £291,900 5s. 2d. 
So that an estimated excess of expenditure over revenue 
remained of £902 Is. 2d. By the adjustment of certain 
surpluses from previous years, however, it was estimated 
there would be a surplus balance on 31st December, 1852, 
of £36,686 19s. 6d. 

On the usual motion for going into Committee to consider 
this Minute being made by the Colonial Treasurer, Mr. 
Donaldson moved the following addition to the resolution, 
which was carried by 25 to 11 : — 

" And that as the public expenditure originating in the discovery of gold, 
or in any way connected therewith, ought, in justice, to be borne upon the 
territorial revenue, it be an instruction to the Committee not to vote such 
expenditure, or any portion thereof, from the general revenue of the Colony.** 

On 7th November the non-advisableness of ceasing immi- 
gration, under current circumstances, was debated on resolu- 
tions by Mr. Donaldson, which were carried, as follows : — 

*'(1.) That there is nothing in the present results of the discovery of gold in 
Australia to justify the Government in ceasing to carry on immigration at the 
public expense. 

"(2.) That, on the contrary, many reasons may be urged for promoting the 
immigration of our fellow-countrymen. 

" (3.) That all interests in this Colony, as well as those of the emigrants 
themselves, will be promoted by a carefully adjusted emigration from the 
United Elingdom. 



186 New South Wales. 

** (4.) That the financial condition of New South Wales at this time holds 
oat peculiar inducements to the Grovemment to increase rather than to dimi- 
nish the amount of dehentures issued upon the security of the territorial 
revenue, the proceeds of such debentures being applied to immigration pur- 
poses. The peculiar inducements herein alluded to are to be found in the 
fact that, owing to the state of the money market, a large amount (e^en 
£200,000 if required) may now be raised upon debentures bearing the present 
rate of interest (£4 18s. lOd. per cent, per annum), whidi can be disposed of 
at a premium, while the money thus raised may be invested^ owing to the 
present rate of exchange on England, and remitted to London in Bank bills 
at thirty days' sight, at a discount of 4^ per cent. By sudi an operation the 
Grovemment would obtain the use of any amount it may be deemed expedient 
to raise, for at least one year, free of all charge whatever to the revenue. 

^' (5.) That an Address be presented to His Excellency the Grovemor-Creneral 
embodying these resolutions, accompanied with a respectful request that His 
Excellency will forward the same, together with a favourable recommendation 
from the Executive Government, to Her Most Gracious Majesty the Queen." 

The following resolutions^ moved by Mr. Donaldson, rela- 
tiye to steam communication, were carried, on llth Novem- 
ber, by 19 to 13 : — 

*' That this House having again considered the subject of steam communica- 
tion with the Mother Country, believes and affirms tibtt the importance of its 
establishment has become, since the discovery of extensive gold-fields in 
Australia, far greater than ever. That this House is prepared to vote for the 
appropriation of £3,000 per annum, for three years certain, to be paid to the 
promoter of the first line of steamers, whether British or foreign, which shall 
complete a monthly communication between New South Wales and Great 
Britain, by any line which shall bring the course of post^ out and home, 
within 150 da vs. 

" That an Address be presented to His Excellency the Governor-General, 
praying that His Excellency will place upon the Estimates for 1852 the sum 
of .£3,000 for this purposa" 

On 12tli November Mr. William Bradley took his seat as 
a non-elective member of the Comicil, in room of Mr. 
Alexander Longmore, deceased. 

On 18th November, on the motion of Mr. James Martin, 
a Select Committee was appointed to report upon the expe- 
diency of establishing an Assay OflBce andf Mint at Sydney, 
The Committee, on 16th December, reported, with reference 
to the Assay Office, that such an institution would be of very 
little, if any, value to the Colony; with reference to the 
Mint, that much good would result from the establishment 
of a branch of the Royal Mint in Sydney. A petition to Her 
Majesty praying for such establishment was adopted on 19th 
December, on motion of Mr. Darvall. 

A Message on the subject of the defences of Port Jackson 
was transmitted to the Council on llth November. It 



Gaverfwr litz Boy.^ 187 

referred to correspondence on the subject laid before the 
Council previously, and asked for an expression as to the 
expediency of undertaking, on terms proposed by Earl Grey 
in a late Despatch, the construction of such works of 
defence in Port Jackson as prudence dictated. On 19tli 
November, this Message having been read, the Colonial 
Secretary moved that it be referred to a Select Committee. 
Mr. Donaldson moved the following amendment — 

''That this Council declines to entertain the proposal of the Government for 
the construction of such works as may be necessary for the defences of Port 
Jackson until the local Legislature shall be vested with the entire control of 
the Colonial Kevenues, Territorial as well as General." 

This was carried by the casting vote of the Speaker. 

A motion by Mr. Cowper, on 27th November, requesting 
the placing of an additional sum beyond that already voted 
for the purpose of Denominational education, was negatived 
by 25 to 18. 

A resolution praying for an additional sum of £2,000 to 
that placed on the Estimates for 1852, to be applied by the 
Board of National Education in support of National schools, 
was carried by 22 to 7. 

Besolutions were moved on 2nd December, by Mr. Cowper, 
to the eflfect that the gold discovery rendered the construc- 
tion of improved means of internal communication of deeper 
importance than ever to the welfare of the Colony; that 
railroads were the best, and would prove the cheapest kind 
of roads; that as a great influx of immigrants might be 
expected as the result of the gold discovery, it was desirable 
that some large public works should be in such a state of 
forwardness as to afford employmeut to them on their arrival 
in Sydney ; and that the Executive Government should give 
liberal aid to expedite the formation of railroads. Mr. 
Wentworth moved the previous question, which was nega- 
tived by 14 to 12. 

On 9th December Mr. Edward Cox took his seat as a non- 
elective member of the Council, in room of Mr. Alfred 
Denison, resigned. 

A Bill to consolidate and amend the law for conveyance 
and postage of letters was introduced, by Message, on 19th 
November. On 9th December a Despatch was transmitted to 
the Council relative thereto. Earl Grey stated that he had 
had under consideration an Act passed by the Legislature of 



188 New South Watet. 

4 

New South Wales during its last Session, and had observed 
that the Act contained no provision for exempting from 
postage the military correspondence on the public service. 
In Colonies such as New South Wales, in which the expense 
of providing for its military defence was defrayed by England, 
it would be manifestly unjust that the colonial revenue 
should be allowed to benefit by the postage charged on the 
necessary official correspondence. For those reasons he 
should feel it his duty to advise the disallowance of the Act ; 
but it would not be submitted for that purpose until such an 
interval had elapsed as would enable the New South Wales 
Legislatm^e to pass a new Act not liable to the same objection. 
Li reference to this Despatch, on 18th December Mr. James 
Macarthur moved resolutions, which having been amended 
on motion of Captain King, passed. The Council resolved : — 

"(1.) That sufficient grounds have not been assigned by Earl Grey for 
exempting the Military Departments from the payment of postage ; no such 
exemption being extended to the Governor-General, nor to any of the Public 
Deps^ments of this Colony ; and that the exception of any Department 
from the system of uniform postage now established would be in contraven- 
tion of the principle of the Postage Act, and objectionable in other respects. 

''(2.) That the Petitions to Her Majesty and Parliament, adopted on the 
5th instant by this Council, expressly declare that * we are prepared upon the 
surrender to the Colonial Legislature of the entire management of all our 
Revenues, Territorial as well as General, in which we include mines of every 
description, and upon the establishment of a Constitution among us similar in 
its outline to that of Canada, to assume and provide for the whole cost of our 
internal government, whether civil or military, the salary of the Gijvemor- 
Greneral only excepted,' 

''(3.) That this Council declines, therefore, to adopt the alteration which has 
been suggested by Earl Grey in the Postage Law, now under consideration, 
either by exempting from postage the official correspondence of the Military 
Departments, or by making perinanent provision for the payment of such 
postage out of the Colonial Revenue. 

" (4.) That under the full expectation that the Home Government will no 
longer seek to withhold from the Colony the same measure of justice which it 
has conceded to our North American fellow-subjects, more especially the 
appropriation by the Colonial Legislature of the whole revenue of the Colony, 
from whatever source derived, and with an earnest desire to prevent obstruc- 
tion of the Public Service, this Council is willing, until sufficient time shall 
have elapsed for the receipt of an answer to our petitions from the Imperial 
authorities, to make provision for the cost of the military official postage, by 
vote from the General Revenue of the Colony. 

** (5.) That in the opinion of this Council a similar provision should also be 
made to defray the cost of the postage of the Naval official correspondence. 

" (6.) That the foregoing resolutions be embodied in an Address to be pre- 
sented to His Excellency the Governor-General, with a request that he will 
take such steps as may be advisable in reference thereto." 

On 20th December the Bill passed, and it was assented to 
on the same day. 



Governor FitzBoy. 189 

The Appropriation Bill passed on 19th December. 

Correspondence regarding the Leichhardt Expedition was 
laid before the Council by the Colonial Secretary on 16th 
December. The Colonial Secretary had written to the Pre- 
sident Councillor at Singapore informing him of the circum- 
stances of the expedition, and stating that considerably more 
than the prescribed period — two years — having elapsed, it 
was feared that some obstacle had been met with to the 
satisfactory termination of the expedition. It had been 
thought not improbable that the trayellers might have 
returned to Port Essington, and made their way over to 
some of the islands of the Eastern Archipelago. He had 
therefore communicated with the President that he would 
endeavour to obtain information regarding Dr. Leichhardt 
and his party, and offered a suitable reward for information 
thus obtained. The reply was to the effect that an appeal 
which had been made to the Dutch authorities had been 
favourably answered, and that their earnest co-operation 
might be relied on. 

The Council was prorogued on 22nd December. The 
Governor stated he would at once forward the Address 
stating the willingness to provide for the whole cost of the 
government of the Colony, whether civil or military (the 
salary of the Governor- General only excepted), and to grant 
an adequate Civil List, upon the surrender to the Colonial 
Legislature of the entire management of all the Colonial 
Revenue, Territorial as well as General, and upon the 
establishment of a Constitution similar in outline to that of 
Canada. Since the presentation of the Address against the 
continuance of transportation to any part of the Australian 
possessions (which had been duly transmitted to the State 
Secretary), the Order-in-Council rescinding that which 
appointed New South Wales one of the places to which 
criminals might be transported had been submitted to the 
Council. In consequence of the refusal of the Council to 
vote any increase of expenditure rendered necessary by the 
gold discovery, he (Sir 0. Fitz Roy) had considered it his duty 
to assume the responsibility (pending instructions from the 
Home Government) of ordering this expenditure to be borne 
on the Territorial Revenue. This was deemed necessary in 
order to prevent any public inconvenience that might be 
consequent on any sudden reduction of the number or pay 
of the constabulary and others. The Address urging the 



190 ,New South Wales. 

continuance of immigration would be transmitted to the 
Home Government. In the full expectation that Her 
Majesty's Government would sanction the measure, he had 
already raised upon favourable terms the sum of £69,600 for 
that object, and it was intended to raise a further sum, 
making £100,000 in all. The immigrants thus introduced 
would relieve employers from the injurious consequences 
which might otherwise be apprehended from the withdrawal 
from ordinary pursuits of the large number employed at the 
gold-fields. The petition praying the establishment of a 
branch of the Royal Mint in Sydney would be forwarded. 
The Council were thanked for the liberality with which they 
had voted supplies for the Public Service, and for the Act of 
Indemnity in respect of certain unauthorized expenses of the 
Administration of Justice. 

The Legislative Session of 1852 was opened on 8th June. 
Mr. William Harvie Christie took his seat as a non-elective 
member of the Council, in room of Mr. William Lithgow, 
resigned. Mr. Terence Aubrey Murray took his seat as 
member for the Southern Boroughs. Mr. William Coibum 
Mayne took his seat as a non-elective member of the Council, 
in room of Mr. William Spain, resigned. 

In his Opening Address the Governor-General (Sir Chas. 
Fitz Roy) congratulated the Council on the excellent season 
and on the abundant crops with which the Colony had been 
favoured. This good season had tended to alleviate the 
adverse circumstances in which the agricultural and pastoral 
interests had been placed by the withdrawal of labour to the 
gold-fields. It was still very necessary to consider in what 
way the serious impediment of the want of labour could best 
be removed ; the subject was therefore reconmiended to the 
early consideration of the Council. No time had been lost 
in raising the sum of £100,000 for the purposes of immigra- 
tion, and in remitting it to the Land and Emigration Com- 
missioners, with the earnest recommendation that emigrant 
ships at the rate of three in each month should be despatched 
to the Colony. The loan for the purpose had been raised on 
the most advantageous terms. New and productive gold- 
fields had been discovered in different parte of the Colony 
since he last addressed them. Whatever temporary incon- 
venience might arise therefrom, this new source of wealth 
would ultimately conduce largely to the general development 
of the great resources which the Colony possessed. Prom the 



Governor FUz Moy. 191 

Grovemor's personal observation whfle visiting the Western 
and Southern Gold-fields, he testified to the loyalty and law- 
abiding spirit which characterized the great body of the gold- 
miners. Copies of geological reports and other documents 
relating to the gold-fields would shortly be submitted. The 
financial state of the Colony continued highly prosperous. 
The General Revenue of the past year exceeded that of 1850 
by upwards of £29,000 ; the Territorial Revenue, including 
that from the gold-fields, showed an increase of nearly 
£60,000. The Estimates — framed on that prudent principle 
of economy which best consisted with the true interests of 
the Colony and the efficiency of the Public Service — ^would be 
laid before the Council without delay. A Bill for granting 
Duties of Customs, similar to that which lapsed in the pre- 
ceding Session, would be at once submitted. It was desirable 
that a Bill should be matured which would provide for a 
revenue that would expand proportionately to the increasing 
population of the Colony, and the consequently increasing 
exigencies of the Government. A Bill for the regulation of 
marriages, and for the registration of marriages, births, and 
deaths, would be again submitted for consideration. The public 
thoroughfares were in a bad state of repair, and expenditure 
for this purpose would be necessary. Tenders for establish- 
ing a bi-monthly line of steam communication via the Cape 
of Good Hope had been accepted by Her Majesty's Govern- 
ment,, and the first ship was to sail in April; so that her 
arrival might be expected that month. Tenders had also 
been invited for a bi-monthly steam communication by way 
of Singapore. On the completion of these combined arrange- 
ments the long-desired object of a monthly steam communi- 
cation with England woiild be attained. In addition to the 
more regular and speedy postal communication which would 
be effected by these measures, the route by the Cape would 
afford greater facilities for the introduction of passengers 
and merchandise from Europe; whilst that by Singapore 
would more closely connect the Australian. Colonies with 
India and China. Bills for amending the laws relating to 
the Administration of Justice would be submitted, and various 
documents on subjects of public interest would be laid 
before the Council. 

The Address in Reply, moved by Mr. Jeffreys, passed 
without Division. 

Mr. Henry Watson Parker was again elected Chairman of 
Committees. 



192 New South Wales. 

On 16th June, Mr. Wentworth moved for a Select Com- 
mittee to prepare a Constitution for the Colony, pursuant to 
the powers conferred on the Council by the Imperial Act 13 
and 14 Vic. ch. 59. The question passed without division ; 
and the Committee appointed consisted of Mr. Wentworth 
(Chairman), Mr. S. A. Donaldson, Mr. Charles Cowper, Mr. 
E. Deas Thomson (Colonial Secretary), Dr. Douglass, Mr. 
James Macarthur, Mr. Terence Aubrey Murray, Mr. John 
Lamb, Mr. James Martin, and Mr. J. H. Plunkett (Attorney 
General). 

The Select Committee brought up their report on 17th 
September. Doubtful as to whether the 32nd clause of the 
Act 13 and 14 Vic. cap. 59 (the Constitutional Act of 1850) 
empowered them to frame a Constitution suited to the wants 
of the Colony, the Committee proposed an Act of Parliament, 
to which two Bills or Schedules were appended, which re- 
pealed all Acts of Parliaments then in the way of those con- 
stitutional rights which the Colony laid claim to. The 
principal difficulty met with by the Committee had been to 
devise a scheme of a Legislative Council which in its work- 
ing might prove an effectual check on the democratic element 
in the Assembly, and at the same time be competent to dis- 
charge with efficiency the revising, deliberative, and conser- 
vative functions which would devolve on it. Some portion 
of the Committee thought their ends would be most effectually 
attained by leaving the nomination of this body wholly to 
the local Executive, with an understanding that not more 
than one-third of the Council should hold offices of emolu- 
ment. Another portion of the Committee preferred a Council 
wholly elective, some with a high property qualification and 
limitation as to age; others, again, without restriction in 
those particulars. Another portion of the Committee had 
advocated, as a middle course, that the Governor should have 
the nomination for life of two-thirds of the Legislative 
Council, out of persons who had been elective Members of 
the past or present Council, or who might be elected to any 
future Assembly, the other third holding office during pleasure. 
The Bill presented embodied this principle, but with a dis- 
tinct understanding that the question was to be an open one 
in its progress through the House. In order to give a wider 
field of selection, a proviso had been introduced making it 
imperative on the Governor to postpone the nomination of 
the first Legislative Council until after the return of the 
writs for the election of Members of the Legislative Assembly. 



Oovernor Fitz JRoy. 193 

The principles embodied in the Petitions adopted at the close 
of the previous Session were fully carried out in the main 
clauses of the Bills. If they passed into law, all the griev- 
ances insisted on in those Petitions would be redressed, and 
the inhabitants of the Colony placed, as far as circumstances 
would admit, on fair equality with their fellow countrymen 
in the United Kingdom. Those leading grounds of disquali- 
fication existent in the mother country would be introduced ; 
while the Judges had been made independent of the Crown, 
and their tenure of oflS.ce placed on the same footing as in 
England . The Bills retained the constituent power, surrounded 
by the same right of disallowance, as then existed. The Com- 
mittee had recommended a Civil List on a far more liberal scale 
than the Schedule reserved by the Imperial Parliament for the 
like public services. A practical proof of the sincerity of the 
loyalty of the colonists was thereby given, and it was shown 
that the spirit of distrust in which that odious and most un- 
constitutional Schedule originated had been equally injurious 
to the character and to the public service of the Colony. It 
was trusted that the ample provision thus made would satisfy 
Her Majesty's Advisers that as long as the representatives 
of the people had at their disposal the whole of the Colonial 
B;evenues, and were entirely free to grant or refuse, ac- 
cording to their own deliberate views of the exigencies of the 
public service, it would be the soimdest policy, as well as 
the truest economy. The Committee proposed a salary for 
the Governor-General, to be contingent on the refusal of the 
Home Government to sanction its payment out of Imperial 
funds, because they did not deem the principle thus in- 
sisted on of suflicient consequence to peril these important 
measures. The salary wasflxed at £7,000 per annum. The cost 
of the military service would necessarily fluctuate, and would 
be such as might be deemed requisite by the colonial legislature 
for the maintenance of internal tranquillity. The advantages 
the Colony would derive from this new Constitution were 
those which must necessarily follow in the train of respon- 
sible government. Pirst, in the decrease of correspondence 
with the Colonial Ofl&ce. Second, in the improved tone of 
feeling and courteous intercourse between many of those 
whom past conflicts had estranged from the head of the 
Gt>vemment or from one another. Third, in the more rapid 
and satisfactory despatch of the business of administration. 
Fourth, in the growing conviction (theoretical discussions 
about the principles of government having been disposed of) 

N 



194 New South Wales. 

that leading men must stand or fall in public estimation by 
the intelligence and activity with which they devoted them- 
themselves to the development and resources of the province, 
and the advancement of the intellectual, moral, and material 
interests of the population. 

On I7th September a resolution by Mr. Wentworth recom- 
mending that a schedule, to be substituted for Schedule A of 
the Constitutional Act, be annexed to a Bill for granting a 
Civil List to Her Majesty, as an equivalent for the surrender 
of all territorial, casual, and other revenues of the Crown, 
from whatever source arising in the Colony, was carried 
without division. 

The Bills appended by way of Schedules to the Act pro- 
posed by the Committee, authorizing Her Majesty's assent 
thereto, were introduced on 1st October by Mr. Wentworth. 
They were intituled, severally, " An Act for granting a Civil 
List to Her Majesty" ; and " An Act to confer a Constitution 
on New South Wales." But their further consideration was 
postponed to the following Session ; for, on 16th December, 
on motion of Mr. Wentworth, they were discharged from the 
paper. 

On 13th July, Earl Grey's reply to the Remonstrance 
adopted by the Council against the Constitutional Act was 
transmitted to the Council by Message from the Governor. 
The Secretary of State said that he doubted whether the 
Hemonstrance accurately expressed the feelings of the com- 
munity. He repeated the declaration which Her Majesty's 
Government had frequent occasion to make when the Act 
was in contemplation — that it did not purpose or profess to 
make a new Constitution for New South Wales. Its primary 
object was to separate Port Phillip ; and to accommodate the 
existing Constitution to that separation. The only great con- 
stitutional change effected by the Act was that it gave power 
to both Legislatures to amend and alter their own Constitu- 
tions. He must regard thfe Remonstrance, except in some 
points of detail, rather as a protest against the principles on 
which the Australian provinces had hitherto been governed, 
and against some laws affecting those Colonies which the 
Parliament had thought fit to maintain, than against this 
particular Act. With regard to the Schedules of expenditure, 
it was obvious on the face of the Act that the powers of the 
new Legislature over them were considerably more ext^isive 
than those possessed by the old Council. It was important 
to observe, in answer to the allegation by the Council that 



Oovemor Fitz Boy. 196 

the maintenance of these Schedules involved a violation of 
the Declaratory Act of 18 George III, that the Act in ques- 
tion declared nothing heyond the renunciation hy Parliament 
of any right to interfere with Chartered Provincial Legis- 
latures. The Constitution of New South Wales was itself 
created hy Act of Parliament ; and Parliament had a right to 
annex thereto such conditions as it might think expedient. 
With regard to the administration of the Waste Lands, 
referred to in the Bemonstrance, it was his duty not to with- 
hold the expression of his decided dissent from the doctrine 
that the Waste Lands of New South Wales, or the revenue 
derived from them, were in any reasonahle sense the exclusive 
property of the inhahitants, or that their representatives 
ought to have, as of right, the control and disposal of that 
revenue. The Waste Lands of the vast colonial possessions 
of the British Empire were held hy the Crown as trustee for 
the inhahitants of the Empire at large, and not for the 
inhahitants of the particular provinces, divided hy arbitrary 
geographical limits, in which any such Waste Lands happened 
to he situate. Otherwise, the first inhahitants of any of these 
vast Provinces were indef easibly entitled to administer all the 
lands and revenue of the great unexplored tract called a 
Province, of which they occupied an extremity; wholly 
without regard ios the interests of the nation which had 
founded the settlement, perhaps at great expense, in order 
to form a home for her own immigrants, and a market for 
her own industry. When, and on what conditions, it might 
be desirable to transfer the control of the Waste Lands of a 
Colony to its local Legislature was a question of expediency, 
and not of right; and he considered that the Australian 
Waste Lands were for the pres^it wisely, as well as rightfully, 
vested in the general Government. The Waste Lands Act, 
it would be remembered, was adopted on the recommendation 
of a Committee of the House of Commons ; and its object 
was to give permanence and more complete effect to a course 
of policy then already adopted. From the adoption of that 
policy might be dated the extraordinary and unparalleled 
advance the Colony had made in wealth and prosperity. 
Such being the case, it was to him equally a subject of 
surprise and regret that the CouncU should have expressed 
an opinion that the duty thus imposed on the advisers of the 
Crown had been so ill performed as to warrant the assertion 
that the use of the moiety of the territorial revenue applied 
to immigration purposes had been in a great measure confined 



196 New South Wales. 

to the introduction of people unsuited to the wants of the 
Colony. As to the Customs Revenue, it could hardly be 
considered that there was any grievance to be complained of, 
when the Legislative Council was placed, with regard to it, 
on precisely the same footing with the Imperial Parliament. 
He disputed the right of the inhabitants of New South Wales 
to have any monopoly of oflB.cial appointments. With regard 
to the claim to plenary powers of legislation, he said that 
although the Council necessarily confined their declaration 
to their own Province, it was impossible to notice it in answer 
except as applying generally to the Colonial" possessions of 
the British Crown ; for the constitutional rule or principle 
against which the protest was made was equally in force in 
every Colony enjoying a separate Legislature. He felt 
certain that, on reflection, the Coimcil would acquit Her 
Majesty's Government of any intention to force on them a 
system of misrule and oppression. The interest of the local 
community and of the Legislature which, rightly considered, 
were the same, had been held solely in view ; and whatever 
might be the censure in which the late Council had indulged 
towards himself, he could not be guilty of such injustice 
towards them. It was his sincere hope that the Legislature, 
using with their best abilities the powers which the Act 
under discussion had conferred on them, would follow in that 
career of improvement which their predecessors had marked 
out for them. 

Mr. Wentworth, on 3rd August, moved the appointment 
of a Select Committee to prepare an Answer to the Despatch 
of Earl Grey. On 6th August, the Chairman (Mr. Wentworth) 
brought up the Report. This, on 10th August, was adopted 
in the form of Resolutions by the Council, and transmitted 
to the Secretary of State and to the Imperial Parliament. 
The Answer stated that as to Earl Grey's doubt whether the 
Remonstrance proceeded from a body accurately expressing 
the feelings of the community, it was only necessary to state 
that out of the former Council of thirty-six members, twenty- 
four of whom were elective and twelve nominated, seven- 
teen elective members and one nominated member voted for 
it, and only eight nominated members voted against it. That 
with two exceptions all the elective members of the former 
Council were elective members of the present Council, and 
that the former grievances had been ratified and confirmed 
in the present Council by a majority of twenty-one to eight — 



Oavemor Fitz Boy. 197 

the majority consisting of nineteen elected and two nominated 
members, and the minority of eight nominated members. 
It was denied that the Report of the Privy Council (on 
which the Act 13 and 14 Vic. was founded) was received in 
the Colony with any general expression of satisfaction ; any 
satisfaction it might have elicited in the Port Phillip District 
arose mainly, if not entirely, from the separation of that 
province from New South Wales. The answer of Earl Grey 
simply amounted to a refusal to concede the amendments in 
the present Constitution which the Council deemed indis- 
pensable — a refusal which justified the inference that such 
power was conceded only with an intention of evading it by 
means of the veto reserved to Her Majesty. This inference 
was borne out by the fact that the Act for fixing the salary 
of future Grovemors — ^passed in 1814 — ^was by that means 
rendered nugatory. With regard to the Schedules, the Coimcil 
again insisted that all such appropriations by the authority 
of the Imperial Parliament were against the right of the 
people of New South Wales to raise and appropriate their 
own moneys. The Declaratory Act, by which the inherent 
and indefeasible right which all Colonies founded by British 
subjects carried with them by virtue of the Common Law 
was solemnly recognized, had been repeatedly admitted by 
the Imperial Parliament to apply to Canada, having a Con- 
stitution similar to that of New South Wales. So far from 
Earl Grey's allegation being true, that this objection was 
now for the first time urged against the Schedules, they were 
denounced in the Greneral Grievance Report of December, 
1844, and had been continually objected to ever since. As 
to the claim of the Legislature to the entire control of Waste 
Lands, and the appropriation of the revenues thence derived, 
while it was admitted that these lands were vested in the 
Sovereign as trustee only, it was denied that their present 
value had been mainly given through the expenditure in- 
curred by Britain in founding, maintaining, and defending 
them. It being obvious that whatever value was imparted 
to the Waste Lands was derived from the labour and capital 
of the colonists, it followed that such value of right belonged 
to those who had created it, and that therefore the Crown 
was the trustee, not for the inhabitants of the Empire 
at large, but for the colonists alone. Consequently, the Terri- 
torial Revenue ought to be as much under the control 
and appropriation of the Council as the Ordinary Revenue. 
In re-asserting such a right they were aware that it could 



198 New South Wales. 

not be exercised without benefit to the inhabitants of the 
Empire at large ; and that whether the Territorial Revenue 
were expended for immigration purposes or in opening out 
the country by means of raUroads or internal improvements, 
this appropriation would be equally conducive to the general 
advantage. As to the manner in which the Territorial 
Revenue had been expended by the Emigration Com- 
missioners, it was not the least of their manifold grievances 
that revenue wholly derived from their earnings should be 
placed in the hands of those over whom they exercised no 
practical supervision, and whose selections, they believed, 
were mainly influenced by those whose interest it was that 
the more undesirable classes of the people should be shipped to 
Australia. Regarding the Customs, the Council did not admit, 
whatever might be the practice of the Mother Country, that 
this was a precedent to guide the Colonies. Por whilst the 
salaries of all public ofiicers were in eflFect fixed by the House 
of Commons, in the Colonies they were fixed by the Minister 
for the Colonies in his sole discretion ; and, under the princi- 
ple contended for, might be made irrevocable or increased ad 
libitum without any authority in the Council to alter them, 
though they were ever so excessive. Whether the inhabi-^ 
tants were or were not considered disqualified for receiving 
^appointments, it was certain that they had never yet received 
•such appointments, and it was not anticipated — considering 
the principle of Crown patronage — that they ever would. 
Aware that the bestowal of office in the North American 
CSolonies was vested in a Responsible Government, and was 
limited to the settled inhabitants, the Legislative Council 
could not understand why New South Wales should not be 
placed on the same footing, nor could they avoid seeing the 
transparent pretexts by means of which colonial patronage 
was sought to be retained in the hands of the Colonial Min- 
ister of the day. The observations of Lord Grey with regard 
to that plenary power of legislation in local matters claimed 
in the Remonstrance were no answer to their claim, nor was 
the case of any other Colony parallel to that of New South 
Wales and the other Australian Colonies. The North Ameri- 
'.can Colonies possessed Responsible Government, one of the 
results of which was, that scarcely any of their legislation 
was practically reserved for the allowance of Her Majesty, 
•^r disallowed after being assented to by the Governor in Her 
^Majesty's name. In New South Wales, on the contrary, 
m^nj of the most useful Acts of the local Legislature had 



Owemor Mtz Boy. 199 

been retoed, after being assented to by the Qoremor, or 
sent back Tvith amendments which had frittered away their 
chief value. They repeated that the British Constitution, so 
far as it was applicable to their circumstances, was the inali- 
enable birthright of the people of these Colonies. The veto 
of the Crown, which Earl Grey wished to keep suspended 
over the local Legislature, had become in England practically 
obsolete, from the responsibility as to its exercise the Con- 
stitution had cast on the Prime Minister of the day. The 
same responsibility might and ought to be established in 
New South "Wales. After citing precedents for their position,, 
the CouncQ reiterated their claim to the same powers of 
legislation. Fully agreeing with Earl Gray "that the 
interests of the Colony and of the Empire, rightly considered, 
are the same,*' the Council could not understand why they 
should not be treated as an integral portion of that Empire, 
and enjoy the same power of self-government which was 
possessed by their fellow countrymen at Home. " To be con- 
tented," they concluded, " with anything less would be alike 
derogatory to ourselves and unjust to our children. It would 
be to bequeath to them a smaller measure of freedom than 
our fathers transmitted to us. This were a meanness to 
which we cannot submit, and a wrong which we will never 
perpetrate. Nor will we be deterred from the assertion of 
our undoubted rights by the flattery, the imputation, or the 
obstinacy of any Minister, but will continue our efforts until 
all we contend for — ^all that is necessary to place us on a 
perfect equality with our fellow subjects at Home — is con- 
ceded to us and to our posterity at once and for ever." 

Letters to the Speaker from the Duke of Argyll, the llight 
Honorable Lord Naas, and Mr. Joseph Hume, relative to the 
general grievance petitions, were laid before the Council on 
23rd November. These noblemen and gentleman had been 
entrusted with the presentation of the petitions to the Lords 
and the Commons respectively. The Duke of Argyll con- 
cluded his observations on the petition by stating that no 
connection between the Colonies and the Mother Country 
could be valuable to England which did not encourage those 
virtues inseparable from the enjoyment of political freedom. 
Mr. Hume said that as the Imperial Parliament would be 
dissolved on the date of his communication, he had pressed 
on the Government the necessity of attending to their petition 
during the recess. If he were re-elected he would bring the 



200 New South Wales. 

petition forward, and take the sense of the House on the 
several propositions set forth. He hoped Responsible Govern- 
ment would be given to all the numerous dependencies of the 
Empire as soon as the peculiar circumstances of each would 
admit. 

On 1st July Mr. Matthew Henry Marsh took his seat as 
member for New England and Macleay. 

A Despatch intimating that Her Majesty had conferred 
the honor of Knighthood upon Dr. Nicholson (the Speaker) 
was transmitted to the Council on 16th July. Sir Charles 
Nicholson was then congratulated upon his appointment, 
for which he expressed his acknowledgments. 
• On 27th July Mr. W. H. Suttor took his seat as member 
for Roxburgh and Wellington. 

The Abstract of Receipts and Appropriation for 1851 were 
laid before the Council at the beginning of the Session. 
They showed the total General Revenue Receipts (includ- 
ing a balance of £70,000 from 1850) to have been 
£510,854 Is. lid.; disbursements, £459,282 8s. 5d. ; 
balance, £51,571 13s. 6d. The total Crown Revenue 
receipts were £494,130 Is. Id. ; disbursements, £426,614 5s. ; 
balance, £67,515 16s. Id. 

A Customs Duties Bill and a Colonial Spirits Duty Bill, 
having passed the Council, were assented to — the former on 
the 5th, the latter on the 19th August. 

The Einancial Message from the Governor-General was on 
11th August received and read. As the proposed financial 
arrangements of the Government had been based on the 
anticipation of an increased revenue from the duties of 
Customs, under the new tariff, the final adjustment of the 
Estimates had been necessarily deferred. The Governor- 
General then expressed the satisfaction with which he gave 
his assent to the new Customs Duties Act, as he believed it a 
measure which would greatly advance the credit of the 
Colony abroad, whilst by the taxation of a few articles in 
general consumption, but none of them absolute necessaries^ 
it would, without perceptible pressure on any class, produce a 
revenue increasing proportionately to the demand for 
increased public expenditure, and might therefore be con- 
sidered as a lasting provision for the future financial require- 
ments of the Government. In consideration of the addition 
to the revenue derived from Customs Duties, Bills had been 
submitted for the abolition of the Port and Harbour Dues, 
with the exception of pilotage, and of the duties on sales by 



Oovernor Fitz Boy. 201 

auction. It was further intended not to propose a renewal 

of the Act authorizing the assessment on stock pastured 

beyond the Settled Districts, which would expire at the end 

of that year (1862) . The population had of late so much 

increased that the proportion of General Bevenue, as 

augmented under the new tariff, to which the inhabitants 

beyond the settled districts would be entitled, would 

be nearly sufficient to cover the present expenditure for 

local purposes, in addition to their fair share of the charge 

for the general expenses of the Government. The great 

preponderance, too, of adult males beyond the settled 

districts rendered the consumption of dutiable articles much 

greater in proportion to the population than within the 

settled districts. So that, without injustice, the stock tax 

might be discontinued. The Governor-General intended to 

submit a proposal to grant an endowment to the City of 

Sydney of £10,000 per annum. The absti-acts of receipts 

and expenditure showed that at the end of 1861 there 

was a balance to the credit of the General Revenue of 

£61,671 13s. 6d. ; of this sum £20,929 15s. 3d. were held in 

abeyance to meet the claim of the Victorian Government to 

an increased proportion of the balance in hand at the date of 

separation. The available balance was thus reduced to 

£30,641 18s. 3d. A settlement of the outstanding claims of 

the General on the Territorial Revenue, amounting to 

£20,632 16s., had been effected ; and measures had been 

taken to prevent any encroachment upon the General 

Revenue in future for the payment of services not properly 

chargeable upon it under specific legal appropriations. The 

revenue collected during the first seven months of that year 

(1862) had amounted to more than £210,300 ; the revenue 

for the remaining five months, augmented by the increase 

caused by the new Customs Act, would be raised to above 

£136,000 ; making a total of £346,568 Os. 6d. The revenue 

for 1863 was calculated at £333,462 8s. 3d., being an increase 

of nearly £28,000 on the estimated revenue for 1852, 

independently of the £14,600 obtained by the difference 

between the loss of the discontinued taxes and the gain on 

the Customs Duties. This would probably prove a somewhat 

low estimate, as the recent accounts from England afforded 

reason to hope that there would shortly be a very extensive 

immigration which would cause a consumption of dutiable 

articles much more than sufficient to counterbalance the loss 

occasioned by the migration from New South Wales to the 



202 New South Wales. 

gold-fields of Victoria. It was proposed to erect a building 
at Port Phillip for the establishment of a Time-ball, by which 
the mean solar time could be given to the shipping in Port 
Jackson. The estimated Ways and Means for 1853 were 
£333,452 8s. 3d. ; the estimated expenditure, £331,570 19s. 
The general results of the financial arrangements for 1862 
and 1853 were shown in the following statement : — Cash in 
hand 1st January, 1852, after deducting the sum required to 
meet the claim of the Victorian Grovemment to an increased 
proportion of the Balance in hand at date of Separation, 
£30,641 18s. 3d.; Balance to the credit of the Greneral 
Revenue, on the settlement of the outstanding accounts 
with the Schedule Punds and the Territorial ReTBnue, 
£11,154 2s. 8d. ; Ways and Means for 1852, £346,568 Os. 6d. ; 
for 1853, £333,452 8s. 3d. ; total, £721,816 9s. 8d. The 
charges for both years would amount to £697,104 12s. Id. 
The balance of £24,711 17s. 7d. shown in the foregoing 
statement would be reduced by £10,000, should the Council 
vote an endowment of that amount to the City of Sydney. 
The amount shown as the estimated balance at the end of 
1853 was the net balance, after charging the receipts with 
all outstanding liabilities. The cash balance in the Treasury 
on 31st December, 1853, would not be less than £50,000. 

The motion of the Auditor-General, on 18th May, that 
the Council go into Committtee for the consideration of the 
Estimates, was interrupted by a contingent motion by Mr. 
"Wentworth that their consideration be postponed with a view 
of giving further time for the arrival of a Keply to the grievance 
petition. This motion was defeated by 28 to 17. Another 
amendment on the motion to go into Committee was then 
made by Mr. Morris, to the effect that it be an instruction to 
the Committee not to vote any increase to any salary till the 
whole of the Gold Revenue were placed at the disposal of 
the Council. This, on 25th August, was withdrawn. Mr. 
Wentworth then moved the following addition to the usual 
motion : — 

" But before going into Committee on such Estimates, this House feels it 
to be an imperative duty to record its deliberate determination not to 
consider any further Estimates unless an intimation be received that the 

gievances complained of in the Petition to Her Majesty, adopted by this 
ouse on 5th December, 1851, will be favourably considered with the view 
of their being completely redressed." 

This was carried hy a majority of 24 to 23. 

Further on in the progress of the Estimates (on 8th Sep- 
temher) a motion, contingent on going into Committee, was 



Governor Mtz Eoy. 203 

made by Mr. WentiForth to the effect that the Revenue from 
Gold licenses and other sources connected with the recent 
gold discovery not having been authorized by any Act of 
the Legislature or of the Imperial Parliament, but being 
levied and appropriated on the sole authority of the Grovemor- 
General, was of an un-English and arbitrary chanwH^er, highly 
dangerous to the liberties of the Colony, and subversive erf 
the constitutional rights of the House. The debate was 
adjourned for a week, but as on 9th September a Message 
(enclosing a Despatch from the Secretary of State, stating 
that the Revenues in question had been placed at the disposal 
of the Council) was read from the Governor, the debate was 
not resumed, and Mr. "Wentworth withdrew his resolution. 

A second Piaancial Message from the Governor-General 
was submitted on 23rd November. Therein it was explained 
that the instructions contained in the Despatch from the 
Secretary of State, as to the Gold Revenue, necessitated the 
preparation of revised Estimates, showing the Gold Revenue 
as an item of the Ways and Means, and the charges hitherto 
borne upon it as part of the expenditure to be provided for 
by legislative appropriation. There was no charge upon the 
Gold Revenue to secure the continuance of which the 
the Governor- General considered it necessary to exercise the 
power of reservation. It was therefore his intention to place 
the entire Fund at the disposal of the CouncU, fully assured 
that they would apply it for the maintenance of good order 
at the Gold-fields, and for the effective collection of the 
Revenue. The present exceeded the previous Estimate of 
Expenditure by £124,110. The large immigration from 
Europe setting in to the Colony had improved the prospects 
of the Revenue so fully as to justify an addition of £12,000 
to the former Estimate of Customs collection in 1853. The 
assumption was fully warranted that the Gold Revenue in 
1853 would not be less than £100,000. The percentage 
charge levied for the conveyance of gold was estimated at 
£11,000. The Ways and Means and Expenditure for 1853 
according to the Estimates now transmitted, were as follows : 
Ways and Means, £456,165 ; Expenditure, £455,680 lis. 2d. 
A statement was appended showing that the result of the 
financial arrangements for 1852-3 would leave a net balance 
of £10,485 at the end of the latter year. 

An amendment upon a resolution by Mr. Darvall in refer- 
ence to the establishment of a branch of the Royal Mint 



204 New South Wales. 

was passed on 24th August. It set forth that such an 
institution should be at once established in Sydney. 

A Select Committee on the management of the gold-fields, 
appointed on 7th September, at the instance of Mr. James 
Macarthur, brought up a Progress Report on 14th December. 
They recommended the abolition of the ofiice of Chief Gold 
Commissioner, and suggested that the District Conunissioners 
should refer directly to the office of the Colonial Secretary on 
the business of their respective departments. They did not 
see reason to advise any further alteration in the estimates 
of the Gold Department. A Bill for the management of the 
gold-fields, inteoduced on 1st October, by Message, having 
been referred to the Committee, they brought up a second 
Progress Report, on 17th December, returning the Bill with 
amendments. On 22nd December the third Report was sub- 
mitted. They recommended, on the chief points submitted 
to them, that as regarded a proposal for the establishment of 
a gold escort from Victoria to Sydney, it would be better to 
leave that to private enterprise. They recommended that the 
Gold Regulations, which by the passing of the Gold-fields 
Management Bill would have the effect of law, be continued 
in force with some alterations merely of detail. No portion 
of the gold ought to be abstracted by individuals without 
securing to the public revenue its legitimate share, of which 
as large an amount as possible should be applied to the 
permanent improvement of the country and the development 
of its resources. The licensing system must be maintained 
until the establishment of the Mint, when the whole subject 
would come under revision. 

The Gold-fields Management BUI, having passed, was 
assented to on 28th December. 

At the instance of Mr. Wentworth a Select Committee was, 
on 10th June, appointed to report on immigration. Mr. 
Donaldson, in the Legislative Council, on 29th June, moved 
resolutions which, as amended thus, were passed : — 

" That this Council having again considered the urgent demand for labour 
which exists throughout the Colony, which has not only seriously increased 
since the passing of the Resolutions of thijs Council on the subject of Immi- 
gration on the 7th November last, but is daily augmenting, — Resolves — 

'^(1.) That instead of applying the available balance at the credit of the 
Territorial Revenue to the payment of any portion of the Debentures at 
present outstanding, the Executive Government will consult this interests of 
the Colony by remitting the whole amount to England for the purposes of 
Immigration. 



Oovernor Fitz Boy. 205 

"(2.) That the rate of exchange for Bank Bills on England, at 30 days' 
sight, being now more favourable than it was when the Government remitted 
J&l 00,000, in the month of February last, for Immigration, an amount equal 
to the interest on the Debentures for 15 months would actually be gained by 
the transaction. 

"(3.) That until the Select Committee which is now engaged in devising 
measures for a more copious immigration of the industrial class can report 
the result of its deliberations, the acquiescence of the Executive Government, 
in the above recommendation, will act, in some degree, as a relief to the 
distress which will continue to be felt by the employers of labour." 

With reference to these Resolutions the Select Committee, 
on 6th July, brought up a Progress Report. They were 
unanimously of opinion — considering the urgent and univer- 
sal demand that existed for every sort of available labour — 
that there was an absolute necessity of at once remitting 
the additional sum of £50,000 out of the available balance at 
the credit of the Territorial Revenue for immigration purposes; 
and that the Emigration Commissioners be urged to send out 
not less than five ships monthly, until that and a previous 
riemittance of £100,000 be expended. On 1st October a 
second Progress Report was submitted. This stated that the 
number of applications pouring in upon the Emigration 
Commissioners, under the regulations, was so great that the 
Territorial Revenue, as then administered, could no longer 
sustain the charge ; nor could it supply an immigration at 
all commensurate with the large and growing requirements 
of the Colony. The fact, too, that the immigrants thus 
introduced at the public expense were under no obligation to 
embark on their arrival in the ordinary industrial pursuits of 
the Colony — an obligation which was the sole ground upon 
•which any expenditure of the public revenue for such an 
object could be justified — rendered it both just and necessary 
that they should not only be compelled to enter into such an 
engagement in England for not less than a two years' term, 
but that they should also bind themselves to repay, by equal 
yearly instalments, a certain sum towards their passage 
money (say £13 or £15) . It was further recommended that 
the Emigration Commissioners should be instructed to give a 
preference to emigrants hired under indenture by Colonial 
employera. This Report was considered in Committee, and 
adopted on 2nd October, on motion of Mr. Wentworth. The 
final Report of the Committee was submitted on 28th 
December. A large voluntary immigration had already 
set in upon the Australian Colonies; and although the 
greater portion of that stream was directed to the gold-fields 



206 New South Wales. 

of Victoria, little doubt existed that large numbers of immi- 
grants would soon be driven for support to the ordinary 
mdustrial pursuits of both colonies. The ordinary industrial 
pursuits of New South Wales might soon open out a larger 
field of employment than in Victoria ; and in this case large 
additions to the population might take place by re-emigration 
from the one colony to the other. The Committee, therefore, 
did not feel justified in making any final recommendations. 

A Bill to regulate the indenting of Assisted Immigrants in 
the United Kingdom and elsewhere, and their employment 
in New South Wales for a certain time after their arrival 
therein, introduced on 30th November, by Mr. Wentworth, 
passed, and was assented to on 28th December. 

A Bill to amend an Act for the regulation of the Police 
Force in New South Wales was introduced by Mr. Martin on 
22nd June. It was on 8th September, on resolution by Mr. 
Holroyd, referred to a Select Committee. They brought up 
a Progress B/eport on 16th September on a question of pro- 
posed wages, which had been referred to them by the Council. 
The Committee stated that they deemed no further concessions 
should be made in the matter. The final Report of Com- 
mittee was made on 23rd November. The Committee pre- 
sented the Bill in an amended form to the Council. This, 
having passed its further stages, was assented to on 21st 
December. 

The approval and ratification of certain nominees by the 
Queen was annoimced in the Council on 16th September. 

On 28th September it was moved in the Legislative Council 
by Dr. Douglass that it was expedient to increase the stipends 
of ministers of religion, in order to enable them to meet the 
increased expenditure consequent on the gold discovery ; and 
that a certain sum therefore should be placed on the Esti- 
mates. This was negatived without division ; and an amend- 
ment by Mr. Holden, referring the question to a Select 
Committee, was negatived by 18 to 12. 

Motions having reference to Steam Communication, by 
Mr. Donaldson, to the following effect : — 

"That, — with a viev to the establishment of a more rapid communication by 
Steam with the Mother Country than that which at present exists, — this 
Council resolves : — 

" (1.) That the sum of £6,000 per annum, for three years, be paid to the 
first Steam Company which shall establish a monthly line of steamers between 



Governor Mtz Boy. 207 

Sydney and Great Britain, by which the course of post shall be brong^ 
between London and Sydney under 120 days. 

'' (2.) That an Address be presented to His Excellency the Governor-General, 
praying that His Excellency will be pleased to cause to be placed upon the 
Estimates for 1853 the sum of <£6,000 for this object; and requesting His 
Excellency to forward a copy of these Resolutions to the Right Honorable the 
Secretaiy of State for the Colonies, for the information of Her Majesty's 
Grovemment " — 

WOTe, on 28ih September, passed without diyisioxx. 

The Grovernor-General, on 28th September, transmitted to 
the Legislative CouncU copies of two minutes of the Executive 
Council, the first having reference to a reinforcement of 
troops expected to arrive from England, and an extra allow- 
ance recommended to be granted to the oflS.cers and men of 
Her Majesty's troops serving in the Colony ; and the second 
relating to the cost of certain barrack services hitherto 
defray^ out of Imperial funds, but which Her Majesty's 
Government had determined properly to appertain to the 
Colony. The next day a Despatch from the Lieutenant- 
Gt)vemor of Victoria was transmitted, requesting the deten- 
tion in Melbourne of certain troops till such time as the 
Home Government might be applied to for more. In refer- 
ence to these Messages a debate ensued, on 1st October, on a 
resolution being moved by the Colonial Secretary, tliat it 
was expedient provision should be made from Colonial funds 
for the pay and subsistence of the two additional service 
companies expected from England. Amendments were 
m.oved severally by Mr. Lamb, Mr. Wentworth, and Mr. 
Nichols ; but aU were negatived. The original question was 
carried by 24 to 8. 

A Message from the Governor having been read on 3rd 
August, respecting a proposed increase to the salary of the 
Colonial Secretary (the Hon. E. Deas Thomson), Mr. 
Darvall moved certain resolutions in reference thereto. 
Upon which Mr. Donaldson moved an amendment to the 
effect that the Council was of opinion that the salary of the 
Colonial Secretary should be £2,000 a year; that if the 
Schedules to the Constitutional Act were abolished, and the 
Territorial Revenue placed under the control of the Legis- 
lative Council, the House would at once vote such salary ; 
and that the Council desired to record its full concurrence in 
the high encomium expressed in reference to the public ser- 
vices of the Hon. E. Deas Thomson in a late Despatch from 
the Secretary of State. T^he amendment was lost by 34 to 



208 New South Wales. 

10; and the original question, as further amended, was 
passed by 21 to 13, to the following effect : — 

" That this Council, having taken into consideration the Despatch of the 
Right Honorable the Secretary of State for the Colonies, No. 6, dated 
January 22nd, 1852, Resolves, That an Address be presented to His Excel- 
lency the Governor-General, requesting that, in consideration of the long and 
meritorious public services of the Honorable Edward Deas Thomson, His 
Excellency will be pleased to recommend to Her Majesty's Government that a 
special allowance of £500 per annum be made to the said Honorable Edward 
Deas Thomson, out of the Tenitorial Revenue, during the continuance of 
his tenure of the office of Colonial Secretary of this Colony : And this Council 
further declares its opinion, that this allowance of <£500 per annum should 
date back from the 3rd of August, 184:6." 

The Governor- General transmitted, on 9th December, a 
communication from the Sydney Railway Company, soliciting 
pecuniary aid from the Government in carrying out the 
objects for which that Company was incorporated. On 16th 
December a resolution was passed by the Council, that it 
was expedient to afford pecuniary aid to the Sydney Railway 
Company, to enable the Company to complete a double line 
of Railway between Sydney and Parramatta. A Bill em- 
powering the Company to give security for certain pecuniary 
aid from the Government, and to invest in the Governor the 
right to appoint three Directors of the Company, was passed 
on 22nd December, 

A Sydney Corporation Bill, introduced by Message, was 
referred to a Select Committee, where, on 14th July, it 
lapsed. A Bill to abolish the Sydney Corporation was intro- 
duced by Message on 21st December, but, on 23rd, was 
discharged from the paper. 

A Bill to amend in some particulars the Postage Act of 
1851 passed on 22nd December. 

The Appropriation Bill passed on 22nd December. 

The Session closed on 28th December. The Governor, in 
his Prorogation Speech, informed the Council that their Reply 
to Earl Grey's Despatch on the Remonstrance of the late 
Legislative Council had been duly forwarded to the Secretary 
of State. In reference to the Address recommending the 
establishment of a branch of the Royal Mint, he (Sir Charles 
Fitz Roy) had the satisfaction to inform the Council that he had 
previously requested the Secretary of State to adopt the proper 
measures for this purpose; and had remitted £10,000, charged 
to the Gold Revenue, in order to defray the cost of its estab- 



Governor Fiiz Boy. 209 

lishment and maintenance. No time had been lost in raising 
the sum of £50,000 on the security of the Territorial Revenue 
for immigration purposes. The tenders received being very 
advantageous, and the demand for labour still most pressing, 
an additional sum of £50,000 had been raised. The premium 
on the Debentures and the discount on the remittances left a 
profit of £11,000 on the transaction. A copy of the Second 
Progress Report of the Select Committee on Immigration 
had been forwarded to the Secretary of State. These com- 
bined measures, it was hoped, would speedily relieve employers 
of labour from the pressure to which they had of late been 
subjected. The Address expressive of the concurrence of 
the Council in the proposed measure for rendering assistance 
to the Sydney Railway Company had been received with 
much satisfaction. It was hoped that this might prove the 
certain means of completing and opening for public traffic a 
sufficient portion of railway to make obvious the manifold 
advantages to be obtained from that mode of internal com- 
munication, and thus eventually to lead to its progressive 
adoption throughout the wide extent of the Colony. The 
Address relative to Steam Communication had been trans- 
mitted without delay to the Secretary of State. It was 
trusted that the Act lately assented to — which allowed the 
transmission of books by post at a reduced charge — might 
be the means of fostering a taste for literature, and of dis- 
seminating useful information throughout the Colony. The 
anticipations entertained of the productiveness of the 
Customs Revenue under the Tarifif Act of the Session then 
closed had been fully realized ; and from its liberal and dis- 
criminating character it would be found to work beneficially 
for the public interests. Offering equal facilities to the 
introduction of the produce and manufactures of all nations, 
it was confidently anticipated that it would have the effect 
of largely and most advantageously extending the commer- 
cial intercourse of the Colony, not only with all parts of the 
British Dominions, but with foreign countries. The popula- 
tion at the gold-fields still maintained good order and willing 
obedience to the Regulations imposed by the Government. 
An unusual fall of rain had prevented the bed claims of the 
rivers being worked during the greater part of the season ; 
and many persons, attracted by the richness of the gold-fields 
of Victoria, had temporarily proceeded thither. The tide of 
immigration was, however, steadily setting back to New South 
Wales. 



210 Neto South Wales. 

The Legislative Session of 1863 was opened on the 10th 
May of that year. Mr. Charles Wray Finch was sworn in as 
member for Wellington and Bligh ; Mr. William Thurlow as 
member for the city of Sydney ; and Mr. William Bowman 
as member for Cumberland Boroughs. Mr. Thomas Barker 
took his seat as a non-elective member, in room of Mr. Thomas 
Icely, resigned. 

The Governor, in his Opening Speech, informed the Legis- 
lative Council that he had called them together earlier than 
usual in compliance with their request of last Session, and 
also because matters of great importance had to be dealt with. 
At no former period of its history had the material condition 
of the inhabitants of the Colony been in a more satisfactory 
and progressive state. But the duty devolving on the Legis- 
lature of making some corresponding provision for promoting 
the intellectual and moral advancement of the community 
should not be forgotten. Measures would therefore be sub- 
mitted for augmenting the amount allotted for education, 
with a view to the extension of primary schools, and for the 
encouragement of institutions destined to promote the higher 
branches of literature and science. Sir Charles Fitz Roy 
stated that at length he was enabled to place before the CouncU. 
the decision of Her Majesty's Government on the representa- 
tions contained in the grievance petition. The despatches of 
the E/ight Hon. Sir John Pakington conveying this decision, 
and of His Grace the Duke of Newcastle confirming the same, 
would be immediately laid before the Council. Everything 
of material consequence which had been contended for would 
be granted upon conditions which would be considered satis- 
factory both to the Council and the colonists generally. 
The Governor expressed his unfeigned gratification at these 
important concessions, as he entertained a confident hope 
that by a wise exercise of the additional powers of self- 
government thus conceded New South Wales would rapidly 
advance in its social, moral, and religious conditions. Advices 
had been received from England that the remittances made in 
the previous August for immigration purposes, amounting to 
about £100,000, had arrived, and had been placed at the dis- 
posal of the Land and Emigration Commissioners. By these 
additional funds the number of emigrant ships to be sent to 
the Colony would be materially increased. The state of the 
revenue continued highly favourable ; the aggregate amount 
collected in 1852 exceeded that received in 1851 by £100,000. 
This increase arose exclusively in the General B;evenue. In 



Governor Fitz Boy. 211 

tlie Territorial Eevenne there was a trifling decrease ; but the 
funds from that source had always been liable to considerable 
fluctuation. In that year (1853) a much more favourable 
result was anticipated. B;egulations had been promulgated 
for establishing local land offices, and directions given for 
accelerating the surveys of lands for the sale of which appli- 
cation might be made to the Government. It was hoped 
these measures might greatly facilitate the sale of Crown 
lands. The usual financial papers would be at once sub- 
mitted. The Executive Government had received petitions 
from numbers of persons engaged in gold-mining, complain- 
ing of some of the provisions of the Gold Act passed during 
the last Session ; a Bill to amend the Act in such manner as 
would remove dissatisfaction would be introduced. Des- 
patches from the Home Government on various matters of 
importance — ^and on which legislation was proposed — would 
be submitted ; one related to the marriage laws. In conse- 
quence of instances of outrage and robbery occurring in 
relation to the large number of persons passing to and from 
the gold-fields of Victoria it had been necessary to increase 
the police force in those districts. As a result of representa- 
tions from proprietors of stock and others in the Northern 
Districts the country to the northward of the pastoral dis- 
tricts of Wide Bay and Burnett had been thrown open to 
location. 

The Address in Reply, moved by Mr. Pinch, was adopted 
without division. 

The Despatches received from the new Secretary of State 
(Sir John Pakington), in reference to the Grievance Petition, 
were laid before the Legislative Council on 11th May. The 
chief of these was dated 16th December, 1852, and stated 
that the Home Government were fully impressed with a 
sense of the importance to be attached to the petition, not 
only as proceeding from the great majority of the Legislature 
of the province, but as reiterating that statement of the 
causes of their discontent which had been deliberately urged 
by their predecessors. They were influenced in addition by 
the late discoveries of gold in some of the Australian 
Colonies, and which imparted unforeseen features to their 
political and social condition. They had now to deal with a 
state of affairs which had no parallel in history, and which 
must, in all human probability, stimulate the advance of 
population, wealth, and material prosperity with a rapidity 



212 New South Wales. 

alike unparalleled. Her Majesty's Government had observed 
with satisfaction the general order and good conduct which 
had distinguished the multitudes attracted to the gold deposits. 
They could not but feel that, while it had become more 
urgently necessary than theretofore to place full powers of 
self-government in the hands of a people thus advanced in 
wealth and prosperity, those people had given signal evidence 
of their fitness to regulate their own affairs, especially under 
legislative institutions amended in the manner pointed out 
by the Council in the concluding part of their Petition. 
Her Majesty's Government concurred in opinion with their 
predecessors as to a portion of the Grievances. They agreed 
with Earl Grey that there was no just complaint as to the 
distribution of Crown patronage in the Colonies. They were 
prepared to give a fair consideration to any proposals which 
might thereafter be made by the Colonial Legislature on the 
subject of the supervision of the Customs. They had no in- 
disposition to meet the views of the Council with regard to 
plenary powers of legislation, if any practicable mode of dis- 
tinguishing local from Imperial enactments could be devised. 
Upon the remaining grounds of complaint Her Majesty's 
Government were ready to accede to the wishes of the 
Council and of the Colony, in the spirit of entire confidence. 
They were, indeed, unable to concede the claim advanced by 
the Colonists to the administration of the lands as one of 
absolute right; but concurred in Earl Grey's opinion that 
when and on what conditions it might be desirable to transfer 
the control of the waste lands of a Colony to its local Legisla- 
ture was a question of expediency and not of right. They 
had, however, arrived at the conclusion that the time was 
come at which it was their duty to advise Her Majesty that 
the administration of these lands should be transferred to the 
Colonial Legislature, after the constitutional changes adverted 
to in the petition had been effected. Without believing 
that the operation of the Land Saks Act had been in truth 
pernicious to New South Wales, and with a strong persuasion 
that much benefit had resulted to the Australian Colonies in 
general from that adherence to fixed principles in the dis- 
posal of the Land Fund which it enforced — they were of 
opinion that those benefits were no longer such as to counter- 
vail the disadvantages attending its restrictions. As to that 
part of the protest relating to the Civil List or Schedules, 
Her Majesty's Government were desirous of meeting on this 
point also the wishes of the Council. He (Sir John Pakington) 



Oovemor Fitz Boy. 213 

could not close this statement of the spirit in which Her 
Majesty's Government were prepared to meet the views of 
the Council without adverting to a subject of extreme interest 
and importance to the Australian Colonies, and of no ordinary 
difficulty to the Mother Country. It was unnecessary to 
recapitulate the circumstances under which transportation to 
New South Wales and Victoria had ceased ; it was enough 
for the present to state that its continuance to Van Diemen's 
Land had elicited from the Legislature of that Colony strong 
and repeated remonstrances; that New South Wales and 
Victoria, fearing contamination from a large influx of 
criminals therefrom, had also protested against the system 
with equal warmth. Her Majesty's Government were unable 
to resist the force and justice of these remonstrances, and 
proposed altogether to discontinue transportation to Van 
Diemen's Land at as early a period as possible. In com- 
pliance with the opinion expressed by the Council in favour 
of a Constitution similar in outline to that of Canada, it was 
the wish of Her Majesty's Government that the Council 
should establish the new Legislature on the bases of an 
elective Assembly and a Legislative Council nominated by 
the Crown. Adopting this general outline, they would leave 
it to the judgment of the Council to determine the numbers 
of the two Chambers, and, if they thought it necessary, to 
make any change in the constituency by which the new 
Assembly was to be elected, subject to the approval of such 
change by Her Majesty when the Act was submitted to her. 
It was scarcely necessary to add that Her Majesty's Govern- 
ment did not consider the power which the Legislature of 
New South Wales at present possessed of changing its Con- 
stitution was to be considered as exhausted by one exercise 
of it ; that power must be retained in case further reform 
should at any time appear expedient. . On the receipt by the 
Home Government of such a constitutional enactment as had 
been indicated, with a CiyU List annexed to it, they under- 
took forthwith to propose to the Imperial Parliament such 
measures as would be necessary to carry into effect the entire 
arrangement. 

This Despatch was accompanied by one from the Duke of 
Newcastle (who had succeeded Sir John Pakington as Secre- 
tary of State for the Colonies) . It stated that his colleagues 
and himself cordially adopted the conclusions of Her 
Majesty's late Government respecting the future administra- 
tion of the waste lands of the Crown. He was informed that 



214 New South Wales. 

a Committee of the Council was engaged in the preparation 
of a scheme for the amendment of its Constitution. As soon 
as a new Constitution had been parsed and had received Her 
Majesty's assent, the disposition of the waste lands, and the 
appropriation of their accruing funds, would be placed with- 
out reserve under the supervision and control of the legisla- 
tive authority in the Colony. 

Mr. Henry Watson Parker was again elected Chairman of 
Committees. 

Mr. Henry Stuart RusseU, Mr. Alexander Park, and Mr. 
El. J. Smith took their seats as Members, on 11th, 17th, and 
26th May respectively. 

Resolutions in reference to the Despatches before referred 
to were moved by Mr. Darvall on 27th May. An amend- 
ment by Mr. Wentworth — that the Despatches be referred 
to a Select Committee to prepare resolutions thereon — was 
passed without division. The following resolutions, agreed 
to by the Committee, were, on 14jth June, adopted by the 
Coimcil : — 

" (1.) That this Council, while adhering to its preyiously recorded opinions 
respecting the constitutional rights of the inhabitants of this Colony, deems it 
proper to express its deep sense of the conciliatory spirit evinced in the late 
Despatches from the Right Honorable Sir John Pakington and His Grace the 
Duke of Newcastle, laid by the Governor-General on the Table of this House 
on the 11th day of May last, and to express its hope that they are the 
commencement of a new and auspicious era in the Government of Her 
Majesty's Australian Colonies. 

** (2.) That this Council, at the same time, desires to record its appreciation 
of the Despatches of His Excellency the Grovemor-General, recommending the 
concessions which have been made. 

"(3.) That a copy of these resolutions be transmitted by the Speaker to 
the Bighfc Honorable the Secretary of State for the Colonies, and be also 
presented by him to His Excellency the Governor-General." 

A Select Committee was appointed on 20th May, on the 
motion of Mr. Wentworth, to prepare a Constitution for the 
Colony. On 28th July, Mr. Wentworth, as Chairman, 
brought up the Report. The Committee stated that, though 
they fully concurred in the scheme of legislation recom- 
mended by the Committee of last Session, they found it neces- 
sary to si:^ge8t some alterations; the most important of 
which related to the Constitution of the Legislative Council, 
and to the CivU. List to be granted to Her Majesty. As re- 
garded the Constitution of the Legislative Council, they con- 
sidered that the House was pledged to a Constitution similar 
in outline to that of Canada. They desired to have a form 



Oovef^nor Fitz TLoy. 215 

of Government based on the analogies of the British Consti- 
tution. They had no wish to sow the seeds of a future de- 
mocracy ; and until they were satisfied that the nominated or 
the future elective Council which they recommended would 
not effect the object they had in view, of placing a safe, re- 
vising, deliberative, and conservative element between the 
Lower House and Her Majesty's Representative in the 
Colony, they did not feel inclined to hazard the experiment 
of an Upper House based on a general elective franchise. 
Actuated by these views, they had introduced into the Con- 
stitution BUI two clauses analogous to those in the Imperial 
Act for making more effectual provision for the government 
of Quebec. That Act authorized the Crown, whenever it 
thought proper to confer any hereditary title of honor, rank, 
or dignity, to annex thereto an hereditary right of being 
summoned to the Legislative Council. The Committee were 
not prepared to recommend the introduction into New South 
Wales of a right by descent to a seat in the Upper House. 
But they were of opinion that the creation of hereditary titles 
— cleaving it to the option of the Crown to annex to the title 
of the first patentee a seat for life in such House, and con- 
ferring on the original patentees and the descendant in- 
heritors of their titles a power to elect a certain number of 
their order to form, in conjunction with the original patentees 
then living, the Upper House of Parliament — would be a great 
improvement on any form of Legislative Council hitherto 
tried in any British Colony. In the Bill proposed for adop- 
tion, the Committee had recommended a very large extension 
of the elective franchise. In addition to the existing fran- 
chise, they recommended that the right of voting for the 
election of Members of the Assembly should be given to all 
persons having a salary of £100 a year, and to all occupants 
of any room or lodging paying £40 per year for board and 
lodging or £10 for lodging only. The number of members 
forming the Assembly should not exceed the number of the pre- 
sent Legislative Council ; and the eighteen additional elective 
Members who would be substituted for the nominees would 
be distributed among the Electoral Districts constituted by 
the Electoral Act of 1861, in strict accordance with the prin- 
ciple of distribution established by that Act. The 17th clause 
of the proposed Bill contained a power to alter the present 
electoral divisions, as well as the apportionment of representa- 
tives to be chosen by each, whenever there should be the con- 
currence of a majority of the Upper House and of a majority 



216 New South Wales. 

of two-thirds of the Lower House of the future Parliament 
in favour of any such alteration. The 40th clause of the 
Bill reserved a full constituent power to alter the proposed 
form of Constitution whenever there should be a majority of 
two-thirds of both Houses of Parliament in favour of any 
such alteration ; reserving to Her Majesty the right of assent. 
The Civil List proposed was less by £24,700 than the Civil 
List recommended by the Committee of the previous Session. 
The cause of this great apparent reduction was to be found 
in the elastic and rapidly expanding character of the Colony, 
which proved that any fixed provision for the various Depart- 
ments of Government must soon become inadequate, however 
liberal it might at first appear. It was hoped that the 
explanation already given of the reasons which had 
led the Committee to assign no permanent fund for the 
departmental expenses of the higher oflBces of the 
Crown, leaving them to be provided for by annual vote of 
the Legislature— would be deemed satisfactory by Her 
Majesty's Advisers. The Committee had inserted in the Civil 
List an adequate fund for pensioning oiBE, at their present 
rates of salary, all the higher functionaries of the Govern- 
ment who might be displaced by the new order of things 
under Responsible Government. One of the more prominent 
measures required by the Colony, and the Australian Colo- 
nies generally, was the establishment at once of a General 
Assembly to make laws in relation to the intercolonial ques- 
tions that had arisen or might thereafter arise among them. 
As the incorporation of such a jurisdiction in the Constitu- 
tion Act might excite jealousy, the Committee confined 
themselves to a suggestion that the establishment of such a 
body had become indispensable, and to the expression of a 
hope that the Minister for the Colonies would at once see 
the expediency of introducing into the Imperial Parliament 
a Bill for that express object. 

Two Bills accompanied the Select Committee's Report. 
One was intituled " A Bill to confer a Constitution on New 
South Wales and to grant a Civil List to Her Majesty." 
The other was the draft of a proposed Act of the Imperial 
Parliament, authorizing Her Majesty to assent to the Con- 
stitution Bill. 

On 29th July Mr. Wentworth moved for an Address to 
the Governor-General praying that His Excellency would 
recommend to the Legislative Assembly a Schedule to be 
annexed to the Constitution Bill in lieu of the Schedule 



Oovemor Fitz Boy. 217 

appended to the Act 13 and 14 Vic. cap. 59 (the Constitution 
Act), and as an equivalent for the surrender of all territorial, 
casual, and other revenues of the Crown from whatever 
source arising within the Colony. The Schedules provided 
for the annual sum of £27,600 for Executive and Adminis- 
trative purposes, and set apart £28,000 for the purposes of 
Public Worship. 

Outside the House, a few days after the submission of the 
Select Committee's report, a preliminary meeting was held 
at the " Royal Hotel," at which a motion protesting agaiost 
the creation of a colonial aristocracy was adopted, and a 
^* Constitution Committee" was formed. A public meeting 
took place on 15th August, under the auspices of the Com- 
mittee, at which a series of resolutions condemnatory of the 
proposed Constitution — chiefly on account of its aristocratic 
tendencies and of the undue rural representation proposed — - 
were unanimously carried. Erom this meeting a petition 
was presented to the Council, on 16th August, by Mr. Daryall, 
signed by 2,630 persons. Similar meetiags were held and 
similar resolutions adopted throughout the Colony. 

During the passage of the Bill through the Council a large 
public meeting of citizens was held at the Circular Quay. 
B/Csolutions were passed, declaring that the meeting believed 
the best form of Parliamentary representation would be by 
two Houses, based on popular suffrage, the Tipper House to 
be composed of Members in the proportion to the Lower of 
one-third, to be elected for a longer period, and to retire at 
different intervals of time. These sentiments were embodied 
in a petition to the Queen, in November the Constitution 
Committee propounded their scheme for a Constitution. 
They declar^ their conviction that any Constitution framed 
for the better government of the Colony must provide for 
two Houses of Parliament ; and that, to be satisfactorily and 
safely established, both must be based on the principle of 
popidar election ; that the Legislative Assembly, or Lower 
House, should consist of not more than fifty-four Members, 
and endure for no longer than three years ; that the Legis- 
lative Council should consist of not less than eighteen elective 
Members, to be elected by not more than six electoral districts, 
the Members to hold office for nine years ; that no Civil List 
should be established by the Constitution Act, which should 
confine itself to the settlement of the great fundamental 
principles of government. 



218 New South Wales. 

The Constitution Bill was introduced into the Legislative 
Council by Mr. Wentworth, on 9th August. The second 
reading of the Bill was moved on 16th August. On the 
2nd September the second reading was carried, on division, 
by 34 to 8. 

In moving the committal of the Bill, on the 7th December, 
Mr. Wentworth informed the House that he had abandoned 
the clause empowering the existing Government to summon 
the Members of the Legislative Council for life, and substi- 
tuted one giving the first Members quinquennial seats ; also 
that he had abandoned the clauses partaking of an hereditary 
character. Mr. Darvall moved an amendment that the Bill 
be committed that day six months, but the original motion 
was carried by 35 to 9. The Bill passed through Committee 
without material alteration. An amendment, by Dr. Douglass, 
omitting a proviso that no Judge nor Minister of Religion 
should be eligible to be summoned to the Legislative Council, 
was carried by 23 to 14. An amendment, by Mr. Plood — 
proposing to omit the proviso that any Bill by which the 
number or appointment of the representatives might be 
altered should require the concurrence of two-thirds of the 
Members of the Legislative Assembly — ^was lost by 34 to 8. 
On the 21st December the Bill was read a third time, by a 
majority of 27 to 6. 

The measure which had thus passed through the House 
established two deliberative Chambers — a Legislative Council 
and a Legislative Assembly. The Council was to consist of 
not less than twenty-one naturalized or natural-born subjects, 
four-fifths of whom should be persons not holding any civil 
office of emolument under the Crown. The Members were 
to hold their seats for five years from the date of the first 
summonses to the Legislative Council ; but all members of 
the Council who should be summoned thereto after the ex- 
piration of the said five years should be entitled to sit for life. 
The President (being a Member of the Council) was to be 
nominated by the Crown. The Legislative Assembly was to 
consist of fifty-fom' members, elected for five years. The 
qualification for electors and Members was the same. The 
usual qualification as to age and status was supplemented by 
the following conditions : As freeholders of estate of the value 
of £100 ; as householders, lodgers, or leaseholders for three 
years, at £10 per annum ; boarders at £40, persons receiving 
£100 salary, and pasture-license holders for one year. 
Ministers of Religion were precluded from holding seats in 



Governor Fitz Boy. 219 

the Assembly. A Civil list of £64,300 was to be payable 
aimually to Her Majesty, as provided for by the Sch^ules — 
Schedule A, £22,360 ; Schedule B, £13,950 ; and Schedule 
C (Public Worship), £28,000. The Consolidated Revenue 
was to be appropriated by Act of the Legislature. All pre- 
vious Acts for the government of the Colonies were repealed, 
and the entire management of the Crown Lands and all re- 
venues thence arising were vested in the local Legislature. 

The Bill having thus passed through all its stages, the fol- 
lowing declaratory resolutions in reference thereto were, 
adopted without division : — 

" (1.) That in the opinion of this House the 'Bill to confer a Constitution 
on New South Wales and to grant a Civil List to Her Majesty,' which has 
just passed this House, is an embodiment of all the rights for which this House 
and preceding Legislative Councils have for years past been contending, and 
will, when passed into law, redress all the grievances enumerated in the Peti- 
tions to Her Majesty and both Houses of Parliament, adopted by this House 
on the 5th December, 1851. 

'* (2.) It gives plenary powers of legislation in all matters of local and muni- 
cipal concernment. 

''(3.) It prevents, except in certain enumerated cases relating solely to the 
Prerogative of the Crown and Imperial interests, the double power of Yeto, 
which has hitherto been the source of much imcertainty and dissatisfaction. 

" (4. ) It greatly enlarges the basis of popular representation. 

" (5.) It establishes among us, for the first time, an independent Judiciary. 

" (6.) It abolishes the Schedules annexed to the Imperial Act now in force, 
and involves a necessary implication that the Imperial Parliament has no right 
to tax the inhabitants of this Colony, or to appropriate any portion of its 
Revenues. 

" (7.) It surrenders to the control of the Legislature the waste lands of the 
Crown, subject to the maintenance of the vested rights and other interests that 
have grown up under existing laws ; and — 

" (8.) To the like control and appropriation the entire Consolidated Revenues 
of the Colony, from whatever source arising, except that portion thereof which 
is voluntarily granted to Her Majesty by way of Civil list. 

" (9.) And afi a necessary consequence, it establishes Responsible Govern- 
ment, properly so called, and places in the hands of Responsible Ministers the 
appointment to all offices of trust and emolument within the Colony, thus 
giving to the inhabitants thereof, as nearly as circumstances will admit, the 
same rights and privileges which belong to their fellow-subjects in the United 
XingdouL 

" (10.) In framing this Bill, it has been the anxious desire of this House 
that the Legislative Council and House of Assembly should form as close 
an approximation as possible to the Constitution of both Houses of the Im^ 
perial Parliament ; and the whole scope of this measure is to give stability to 
those British institutions which we have — to introduce those which we have 
not — to cement that union which now happily exists between this Colony and 
the parent country — and to perpetuate, if possible, that identity of laws, habits, 
find interests which it is so desirable to render enduring. 

^(11.) Such being the intention of this Bill, and the power of framing it 
Jbaving been delegated to this House, under an admission that it was more 



220 New South Wales. 

competent than Parliament itself to devise a suitable Constitution for this 
Colony, this House desires to record its earnest hope that His Excellency the 
Governor-General will lose no time in forwarding to the Minister for the 
Colonies this Bill for the signification of Her Majesty's pleasure thereon ; and 
that His Excellency will be pleased to accompany it with such explanations 
as he may deem necessary, to show the large majorities both of the nominated 
and elective Members by which it has been supported in all its stages, and 
ultimately passed. 

"(12.) That the draft Act of Parliament brought up by the Select Committee 
to authorize Her Majesty to assent to the Bill, of which a copy is hereto ap- 
pended, be transmitted to the Governor-General, with a request that His 
Excellency will be pleased to forward it to His Grace the Secretary of 
State for the Colonies, as being a fit enactment to give the required validity 
to this Bill" 

Mr. James Macarthur then moved : — 

" That the Honorable Edward Deas-Thomson, Esquire, Colonial Secretary, 
and William Charles Wentworth, Esquire, one of the Members for the City of 
Sydney, being on the eve of returning to England, those gentlemen be sevei^y 
requested and empowered to give the Bill for conferring a Constitution on New 
South Wales their zealous advocacy and support ; and be further requested 
to combat any objections which may be made to it, or to the passing of the 
Act of the Imperial Parliament which will be required to give it validity." 

The resolution passed by a majority of 23 to 2, 

Mr. Wentworth and Mr. Deas-Thomson left the Colony on 
their mission in the early part of 1854. 

On 25th May, 1853, the Council adjourned in testimony of 
respect to the memory of the Bishop of Sydney, intelligence 
of whose death, in England, had just been received. 

The General Revenue Receipts for 1852 were shown by 
the Abstract to be £376,084 8s. ; a credit balance from 1851 
of £51,571 13s. 6d. made the total £427,656 Is. 6d. The 
total disbursements amounted to £323,916 38. The cash 
balance at the credit of the General Revenue was thus 
£103,739 188. 6d., but was liable for a charge of £78,060 5s. 
Id. ; the net balance was therefore, at the close of 1852, 
£25,679 13s. 5d. The Territorial Revenue (including that 
derived from gold) amounted to £300,809 15s. 6d. ; a credit 
balance of £78,173 48. lid. increased this to £378,983 Os. 5d. 
The disbursements amounted to £347,167 8s. 6d. A balance 
at credit of the Territorial Revenue thus remained at the 
close of 1852 of £31,815 lis. lid. 

The Governor- General's Pinancial Minute for 1853-4 was, 
on 7th June, received and read. It stated that the present 
state and the prospects of the Revenue for the current year 



Governor Fitz Boy. 221 

(1853) were highly satisfactory. The influx of population 
and the general diffusion of wealth throughout the com- 
munity, combined with the successful operation of the new 
tariff, had raised the receipts of Customs Duties much above 
the rate estimated in the previous year. In all the items of 
revenue, excepting those ^ immediately derived f roni gold 
raised in the Colony, there had been more or less of an excess 
above the estimated rates. A clear addition of £75,000 to 
the Estimate of last Session might be depended on, which 
would raise the Estimated Revenue of 1853 to £531,165. 
A Supplementary Estimate for 1853, of £49,847 2s. 7d., was 
submitted as a provision for the proposed temporary increases 
to salaries in certain Departments. An addition of £3,000 
had been made to the Estimate for Schools of primary 
instruction. Under another head of Estimate, the sum 
of £5,000 was proposed as a first grant towards the 
formation of a building fund for the Sydney University, 
which had already exercised an important influence in 
raising the standard of scholarship, and in stimulating 
and directing efforts for the improvement and extension of 
the higher class of educational establishments. There was 
already a prospect of the early foundation of one affiliated 
College which, by affording to its members moral training 
and religious teaching during the period of their attendance 
on the University course of secular instruction, would com- 
plete the organization of the system which the University 
was designed to carry out. The revenue for 1854 was 
estimated at £566,225 ; the expenditure at £562,731 lis. 5d. 
The general result of the financial arrangements for 1853 
and 1854 was shown in a summary thus : — Total Estimated 
Ways and Means, £1,123,069 ; total Estimated Expenditure, 
£1,070,802 ; balance, £52,267. A charge on this of £20,337, 
reduced the estimated balance at close of 1854 to £31,930. 

In his Financial Message just referred to, the Governor- 
General announced that provision had been made for a 
gratuity of £5,000 to Mr. Hargraves, as the first discoverer of 
gold in the Colony. On 28th September, the Governor- 
General, by Message, invited the Council to appropriate 
the further sum of £4,000, which with the sum on the 
Estimates, and the amount already received by Mr. Hargraves, 
would make an entire gratuity of £10,000. The appropria- 
tion of £1,000 as a gratuity to Messrs. William Tom, junior, 
Mr. James Tom, and Mr. John Lister, who were considered 
to have been instrumental in a subordinate degree to the 



222 New South Wales. 

discovery, was also recommended. On 4th October, resolu- 
tions in favom* of this course were adopted by the Council. 

A sum of £500 was also placed upon the Estimates as a 
gratuity to the Rev. W. B. Clarke, for services rendered by him 
in making a geological survey of the auriferous portions of 
the Colony. 

A resolution for the appointment of a Select Committee 
on Water Supply to Sydney was moved by Mr. Flood on 
20th May. An amendment by the Colonial Secretary for an 
Address to the Governor- General, requesting His Excellency 
to adopt the best means for affording an abundant supply of 
pure water to the City of Sydney and suburbs was passed 
without division. On 6th July, the Council was informed 
by Message that the measures necessary to give effect to the 
resolutions of the Council and the expressed wish of the 
citizens would be sul)mitted for consideration without delay. 
On 26th August, a Bill for supplying the citizens of Sydney 
with water was transmitted to tLe Council; was introduced 
therein on 7th September ; and having passed through all its 
stages in the meantime, was assented to on 31st October. It 
gave the Commissioners of the City of Sydney (who had 
succeeded the Municipal Council) powers to divert and take 
water, and to do all things necessary for collecting water for 
the purposes of the Act. The expenditure was to be under 
the control of the Legislative Council, and the Executive 
were authorized to resume necessary water-courses and 
alienated lands between Botany Bay and Sydney. 

A Bill authorizing the construction of works, under similar 
conditions, for the better sewerage and cleansing of the City 
of Sydney, and portions of the suburbs thereof, passed con- 
currently with the Water Bill, and was also assented to on 
31st October. 

A motion by Dr. Douglass, for the appointment of a Select 
Committee on general education, was shelved on 24th Jime, 
by the negativing of the previous question. 

Resolutions by Mr. Wentworth on Immigration were passed 
without division. They were to the effect that the Legislative 
Council, having considered sundry late despatches relating 
to the subject, and seeing that unless further remittances were 
made to the Land and Emigration Commissioners, their 
funds would probably be shortly exhausted, resolved : — 

"(1.) That in order to keep up that continuous stream of immigration 
which is necessary to supply the large and increasing demand for labour in 



Oovemor Fitz Roy. 223 

every branch of colonial industry, this House recommends that immediate 
measures be taken by the Executive Government for raising, by the sale of 
debentures secured on the territorial revenue, a further sum of XI 00,000, to 
be remitted to the Land and Emigration Commissioners for this purpose, 
upon the understanding that not less than four ships a month shall be dis- 
patched to this Colony until this fund be exhausted. 

" (2.) That this House, in making this recommendation, is not unmindful of 
the caution given by His Grace the Duke of Newcastle, in his Despatch N"o. 
30, of the 9th February, 1853, against the contraction of too large a debt 
on this branch of the Public Revenue, even for purposes of this nature ; 
but as the debt now existing \& inconsiderable in proportion to the annual 
income which is derived from this source, and which appears to be rapidly 
increasing, and must necessarily continue to increase with the increasing 
numbers of the population, this House does not consider it would be justified, 
by the apprehension of a possible remote financial difficulty, in declining to 
recommend provision to be made for that immediate and copious supply of 
labour which can alone avert the inevitable mischiefs which must arise from 
even a temporary cessation of immigration/' 

On 20th September resolutions were moved byMr. Cowper 
to the effect that the Sydney Corporation Act should be 
immediately repealed, and provision made by enactment, for 
a limited period only, for the performance of the duties 
devolving upon the City Council, and for the drainage and 
cleansing of, and the supply of water to, the City, by a Board 
of three paid Commissioners, to be appointed by the Governor, 
and subject to removal at any time upon Address from the 
Council. These were adopted without division. On 23rd 
September " A Bill to dissolve the Corporation of Sydney 
and for the appointment of Commissioners in lieu thereof for 
a limited period," was introduced by the Colonial Secretary. 
Having passed through its remaining stages, the Bill was 
assented to on 29th October. The Governor was authorized by 
the Bill to appoint three Commissioners for the city in lieu 
of the existent Corporation ; these Commissioners were incor- 
porated and empowered with the necessary authority for 
carrying into effect the provisions of the Act for cleansing, 
draining, lighting, and supplying water to the city, and all 
other measures for sanitary improvement and good rule and 
government of the same, which might have been adopted by 
the late municipal body. 

A Select Committee on Defence was appointed on 12th 
July, on motion of Dr. Douglass. They reported on 21st 
September that it was highly expedient to fortify the entrance 
to Port Jackson with all convenient speed, as well by fixed 
as by floating batteries; and recommended a scheme by 
Colonel Gordon, the Officer commanding the Royal Engineers 



224 New South Wales. 

in the Colony, for adoption. A Despatch from His Excel- 
lency, enclosing a Minute of the Executive Council, advised 
that immediate steps should be taken for the construction of 
defence works on two of the points recommended by Colonel 
Gordon — viz., on Inner South Head and on Middle Head. 
Resolutions in favour of this course were adopted by the 
CouncU on 7th October. 

On 6th December, Mr. John Rose Holden took his seat as 
a non-elective Member of the Council. 

Relative to Immigration the following resolutions were 
passed on 21st December, on motion of the Colonial 
Secretary : — 

"(1.) That in consequence of the very high and continuously advancing rates 
of wages of mechanical and other labour which have prevailed since the 
passing of the Resolutions of this Council on the 18th August last (1853), 
recommending the remittance of the sum of £100,000 for the purposes of 
Immigration, and the probable insufficiency of this amount to introduce into 
the Colony a supply at all commensurate with the urgent wants and growing 
demand in every branch of colonial industry, it is the opinion of this Council 
that it is highly expedient that measures should be adopted by the local 
Government for remitting to Her Majesty's Land and Emigration Com- 
missioners a further sum of <£ 100,000 for the same purpose, or such smaller 
amount as it may be practicable to remit, without increasing the debt on the 
Territorial Revenue. 

"(2.) That an Address be presented to His Excellency the Governor-General, 
transmitting a copy of the foregoing Resolution, and requesting that His 
Excellency will be pleased to adopt the proper steps for giving effect to the 
recommendation therein contained." 

A Gold-fields Management Bill, introduced on 18th May, 
was referred, on 8th June, to a Select Committee ; which on 
20th September brought up a report, together with the Bill 
in an amended form. The Bill was passed and assented to 
on 28th September. 

A Select Committee was on 15th September appointed, on 
motion of the Colonial Secretary, to suggest and report upon 
the proper measures to be adopted for facilitating the trans- 
mission to Erance of any articles of colonial produce intended 
for the Universal Exhibition to be held in Paris in May, 
1855. The Committee brought up their report on 9th 
December. They suggested the appointment of a Commis- 
sion to devise and carry out the details necessary for the 
successful accomplishment of the object in view; and 
recommended the placing of a sum not exceeding £3,000 on 
the Estimates for the purpose of carrying out the design in the 
most efiicient manner. On the 13th September a resolution 



Oovemor Fitz JRoy. 225 

Tequesting the Governor- General to adopt the proper measures 
for giving effect to the recommendations of the Select Com- 
mittee was adopted without division. 

On 6th December a resolution by Mr. Macleay, praying 
that a sum of not less than £100 should be placed on the 
!Bstimates for remittance to Madame Leichhardt, the mother 
of the celebrated explorer, was passed without, division. 

The Appropriation Bill, having passed, was assented to on 
11th November. 

The Legislative Council was prorogued on 22nd December. 
His Excellency said it would be his duty to transmit with- 
out delay, to the Home Government, the Act for conferring 
a Constitution on the Colony, and a draft Act of Parliament 
to enable Her Majesty to assent to the measure. He per- 
ceived with much satisfaction that the Act had been framed 
with an anxious desire to assimilate the constitution of the 
Colony, as far as local circumstances permitted, to that of the 
Mother Country, which, perfected by the experience of ages, 
and the light of modern political science, had achieved for 
Her Majesty's subjects the most complete system of liberty 
enjoyed in any part of the world. It was hoped that the 
amendments made in the Gold-fields Act might place the 
legislation on this subject on a permanent and satisfactory 
basis. The Commission appointed to perform the duties 
hitherto entrusted to the Sydney Corporation would, it was 
hoped, be foimd effective in promoting the great objects of 
sanitary reform so much required; and the water supply 
and sewage works would be energetically proceeded with. 
Among the private Bills enumerated in the Speech, one to in- 
corporate the Hunter River Railway Company was noticed 
with peculiar satisfaction. Government aid had been afforded 
to this important enterprise by a guarantee of interest on a 
portion of the capital to be employed on the work, the promise 
of any available Crown Land required for the line and as station 
sites, and the introduction at the public expense of the requi- 
site number of railway labourers. The Address of 18th 
August on immigration had been transmitted to the Secretary 
of State. It was hoped that the seasonable supply of labour 
thus secured would prevent the injurious consequences which 
would otherwise have been felt. The proper measures for 
commencing temporary works of defence had been adopted, 
and application had been made to the Home Government for 
the guns necessary to arm the forts when completed. The 



226 Neu) South Wales. 

Commission would be early appointed to devise and carry out 
the details necessary in connection with, the representation of 
New South Wales at the Paris Universal Exhibition of 1855. 
He had had much pleasure in giving assent to the measures 
passed during the Session for largely increasing the provision 
for both primary and higher education. The revenue in all 
its branches continued highly productive. Notwithstanding 
the large increase above the expenditure originally proposed, 
which had been made on the recommendation of the Coun- 
cil ; and notwithstanding the diminution in the gold revenue 
in consequence of the reduction of the license fee, there was 
reason to hope that the receipts would be found equal to the 
appropriations made for the Public Service. 

On 9th May, 1854 (the Council standing prorogued to that 
day), the Speaker took the Chair, and informed the Coun- 
cil that although the proclamation of the Governor- General, 
dated 2nd March, further proroguing the Council, did not 
contain the usual notice that it was to meet " for the despatch 
of business," as no subsequent proclamation further proro- 
guing the Council had been issued he had, by circular, invited 
Members to be present. 

Mr. John Stirling, on 9th May, took his seat as a non- 
elective Member iaroom of Mr. E. Deas-Thomson, resigned. 
Mr. Henry Parkes, on the same day, took his seat as one 
of the Members for the City of Sydney, in room of Mr. Wil- 
liam Charles TTentworth, resigned ; and Mr. Daniel Egan 
took his seat as Member for Maneroo. 

The Council then adjourned for a week. When it again 
met, a Message from the Gt>vemor-General was read an- 
nouncing that he (Sir Charles Fitz Roy) deemed it expedient 
to prorogue the Council to 6th June, and expressing regret 
at his continued enforced absence on a visit to the northern 
settlements. The Governor-General stated that he would 
gladly have availed himself of an earlier time for call- 
ing the Council together if he had participated in the 
anxiety stated to prevail on the subject of the defences of 
the port and the city of Sydney. But he was satisfied, from 
the most authentic sources of information withia his reach, 
that no immediate occasion for alarm existed. It would 
appear that late accounts regarding the strength of the 
Russian naval force in the East Indian seas had been much 
exaggerated, as was shown by an annexed return of the 
English, Erench, and Russian squadrons ia the China seas. 



Oovemo7* Fitz Boy. 227 

On 9th June, pursuant to proclamation, the Legislative 
Council met for the despatch of business. In his Opening 
Speech the Grovemor-General stated that, for the first time in 
the hi&tory of New South Wales, the Legislature had to 
contemplate the possible contingency of warfare; and 
although there might be slight grounds for anxiety respect- 
ing the security of that remote portion of the British 
Empire, he (Sir Charles Fitz Roy) deemed it his first duty to 
apprise them of the works in progress, and the measures in 
contemplation for the defence of the Colony. A report of 
the progress made towards the completion of the batteries at 
the Middle Head, and a statement of the other works pro- 
jected, would be submitted ; as also would copies of corres- 
pondence received from the Home Grovernment on the sub- 
ject of the then impending war between England and 
Bussia. A BiU for the formation of a Volunteer Force, 
naval as well as military, would be immediately submitted. 
Relying confidently upon the loyalty and patriotism of the 
people of the country, which would induce more than a 
sufficient number to tender their services for the protection 
of their country and their homes, he would abstain from 
proposing the formation of a body of militia, or the raising 
of any more regular force. The public finances continued 
in a highly prosperous state. Several Despatches on immi- 
gration would be laid before the Council. For reasons 
adverted to in those Despatches, it was to be feared that the 
seK-supporting system of immigration contemplated in the 
Act of 1852 might not be brought into operation. To obviate 
the inconvenience and loss which might result to the 
Colony in such an event, the Land and Emigration Commis- 
sioners would take measures for expending the funds at 
their disposal for immigration purposes. The great import-' 
ance of establishing railway communication, and the pros- 
pect of the early completion of the line to Parramatta, would 
recommend to their favourable consideration an application 
which would be submitted from the Sydney Railway Com- 
pany for further assistance from the Government, by way of 
an additional loan and of a guarantee of interest on an 
extension of capital. Bills, founded upon Acts of the 
British Parliament, for promoting the public health, and for 
regulating common lodging-houses, would be submitted ; as 
would also a Bill for extinguishing or preventing the exten- 
sion of fires. Her Majesty had been pleased to sanction the 
establishment in Sydney of a branch of the Royal Mint, and 



^28 New South Wales. 

the necessary buildings and machinery would shortly be 
erected. In addition to the large estimate for education, a 
proposition was recommended for the granting of certain 
sums in aid of the establishment of colleges of residence, to 
be aflUiated to the University of Sydney. A Bill making 
permanent the gold-fields law of 1852, and a Bill dealing 
with the marriage laws, were among the measures enumer- 
ated in the speech. 

The Address in Reply was moved by Mr. Macleay, and 
adopted without division. 

Mr. Henry Watson Parker was again unanimously elected 
Chairman of Committees for the Session. 

On 27th June the Governor-General transmitted to the 
Legislative Council a Despatch from the Secretary of State 
enclosing copies of the Queen's declaration to take up arms, 
in conjunction with the Emperor of the Erench, for the 
defence of the Sultan against Russia; and also Her Majesty's 
declaration .of her intention to waive certain belligerent 
rights appertaining to her by the law of nations. 

The following day an Address to Her Majesty, in reference 
to the war, was adopted, on motion of Mr. Cowper. It 
concluded with an expression by the Council that they were 
prepared to adopt all necessary measures for resisting 
external aggression, and for upholding and maintaining the 
royal authority in that distant portion of Her Majesty's 
dominions. 

The Governor- General, on 13th June, transmitted to the 
Legislative Council a copy of a letter from the President of 
the Sydney Railway Company covering an application for 
the guarantee by the Government of interest on the shares 
in that Company to the extent of a further £100,000, and 
the loan of a second sum of £150,000 ; also, the copy of a 
Minute of the Executive Council on the subject. The 
propositions therein contained were recommended to the 
favourable consideration of the Council. These were, that, 
subject to the concurrence of the Legislative Council, the 
Governor-General should raise by Debentures on the Land 
Revenues the necessary funds for a second loan to the 
Company of £150,000; and that the permanent Govern- ^ 
ment guarantee of 5 per cent, should be extended to the 
further sum of £100,000 now proposed to be raised by the 
creation of additional shares. On 28th June, this Message 



Qovernor Fitz Boy. 229 

having been considered, the Colonial Secretary (Hon. C. D. 
Riddell) moved that it was expedient to afford further 
pecuniary aid to the Sydney Railway Company to the extent 
and on the terms proposed in the Minute of the Executive 
Council. The debate on this question occupied several days. 
An amendment by Mr. Murray — ^that the Message be 
referred to a Select Committee — was lost by 17 to 15 ; and 
the original question passed by a majority of 18 to 14. 

The question as to the validity of the election of the 
sitting Member for Stanley (Mr. Arthur Hodgson) was 
investigated by the Elections and Qualifications Committee, 
on petition of the Rev. John Dunmore Lang, D.D. On 4th 
July the Committee reported, declaring the election to have 
been wholly void. On 29th August Dr. Lang took his seat 
as Member for Stanley. 

In response to a Message from the Governor-General, 
submitting a suggestion by the Paris Exhibition Com- 
missioners that a rich and varied collection of gold specimens 
should be forwarded to France, resolutions authorizing a 
loan of £5,000 for that purpose were, on 28th June, passed 
by the Coxmcil by 22 to 13. 

Resolutions were moved by Mr. Parkes, on 7th July, in 
reference to immigration. They set forth that there existed 
an urgent and increasing demand for labour; that this 
demand could only be met by a constant influx of population 
from Europe; that the introduction of a coloured or an 
inferior race, as a temporary supply of labour, would be 
fraught with consequences deeply to be deplored, which had 
been proved by the experience gained from the experiment 
of Chinese immigration; that an abundant stream of 
immigration, to fill all the avenues of industry, might be 
secured to the Colony from Great Britain and Europe ; and 
that any system of immigration, to work to the lasting 
advantage of the Colony, must involve the abrogation of all 
existing schemes, and an entire revision of the laws regu- 
lating the alienation of the public lands. Mr. Holroyd 
moved the previous question, which was negatived by 19 to 
7 ; and the resolutions were thereby shelved. 

In regard to the establishment of a branch of the Royal 
Mint, the following resolutions, as amended by the Colonial 
Secretary, were passed, on motion of Mr. Martin : — 

(1.) That this House is of opinion that the Branch of the Royal Mint 
which Her Majesty has been pleased to establish in this Colony ought to be 
brought into actual operation with the utmost possible expedition. 



230 New South Wales. 

(2.) That the plan submitted with the Grovemor-Greneral's Message of the 
4th July, 1854, No. 23, for the conversion of the present Staff Offices, and for 
erecting the requisite buildings for the Mint Establishment on the ground 
attached to the said Offices, at an estimated cost of £12,499, be adopted. 

B/esolutions were passed on 12th July, on motion of 
Mr. Nichols, expressing the opinion that, as no authentic 
intelligence had yet been received respecting Dr. Leichhardt, 
it was a duty incumbent on the Government to take such 
further steps as might be practicable, with a view of 
ascertaining the fate of that gentleman and party. 

The Governor-GenerarsFinancial Message was received and 
rejui on 19th July. The Accounts of Revenue and Expendi- 
ture showed that at the close of December there remained a 
credit balance of £95,108 Is. 7d. after charging the cash balr 
ance in the Treasury with sums amounting to £44,683 1 4s. 6d. 
Savings on sundry votes to the amount of £21,977 would 
increase the surplus of 1853 to £117,085 Is. 7d. The actual 
receipts for 1854 showed an excess over the estimate of 
£8.8,275, which would raise the year's revenue to £654,600. 
The revenue for 1855 was estimated at £766,450, including 
the proceeds of land sales in Sydney, which were to be carried 
to the credit of the General Revenue, in repayment of 
advances from it for the formation of the Circular Quay, 
the building of Government House, the Military Barracks, 
and the Abattoir. The preparations for the defence of the 
Colony against hostile invasion, the establishment of a branch 
of the Royal Mint, and the greatly advanced cost of public 
works and of all articles of supplies, had occasioned largely 
increasing demands upon the public funds. It had therefore, 
.^nd notwithstanding the highly prosperous state of the 
revenue, been found necessary to exercise strict economy in 
the preparation of the Estimates. A Supplementary Estimate 
for 1854 submitted included items of £31,405 for the estab- 
lishment of a Sydney Branch of the Royal Mint ; of £3,408 
for the establishment of a new settlement at Port Curtis ; 
of £10,000 for the Defences of Port Jackson; and £32,628 
for Circular Quay; the whole Supplementary Estimate 
amounted to £82,628 lis. 4d. The Estimated Revenue 
for 1855 was £766,450 ; the Estimated Expenditure 
£739,221 17s. 8d. Erom a summary of the financial arrange- 
ments for 1854-5, it was shown that at the close of 1855 an 
estimated balance of Revenue over Expenditure would 
remain of £23,620. 



Governor FUz Boy. 231 

On the motion for going into Committee^ on 3rd August; 
Mr. Darvall moredan amendment, — " That the remainder of 
the Estimates be referred back to the Government for recon- 
sideration/' This was lost by 32 to 10. 

Mr. Darvall moved, on 1st August, for an Address praying 
tliat the Governor-General would send down a Bill to 
appropriate the sum of £6,000 in augmentation of the salary 
of the Governor-General to defray the increased expenses of 
his household since 1851. An amendment by Mr. Holroyd 
substituting £3,000 was negatived by 27 to 5. The original 
question passed by 24 to 8. 

Relative to this vote the Governor- General informed the 
Council, by Message, on 22nd August, that he had con- 
sidered it necessary to consult the Crown Law Officers on the 
subject of the proposed appropriation. They had advised 
him to postpone taking the step advised by the Council 
until he should have received the express sanction of Her 
Majesty. This opinion he entirely concurred in ; he there- 
fore proposed to transmit a copy of the Address to the 
Secretary of State, and to submit himself to Her Majesty's 
pleasure on the subject. 

A resolution for the appointment of a Select Committee 
as to the establishment of a Branch of the Royal Mint was 
moved by Mr. Parkes, on 8th September. It was negatived 
by 18 to 13. 

On 12th September, Dr. Lang moved for an Address to 
Her Majesty, praying the separation of the territory extending 
northwards from the 30th parallel of latitude, and of its 
erection into a distinct and independent Colony, under the 
designation of Cooksland. The resolution was shelved by 
the negativing of the previous question by 25 to 7. 

A communication received from Mr. Wentworth, respecting 
the progress of the Constitution Bill in England, was read 
by the Speaker to the Council, on 12th September. Mr. 
Wentworth stated that on his arrival in London he found 
that His Grace the Duke of Newcastle was no longer Colonial 
Minister, and that he was not competent therefore to enter 
into any explanation or discussion of the Constitution Bill. 
The topic of conversation was chiefly the defenceless state 
of the city of Sydney ; his (Mr. Wentworth) impression, 
gathered from this conversation, was that Ministers were so 
entirely absorbed in the direction of their armaments in 
Europe that the only safe course the Colonies could adopt 



232 New South Wales. 

was to proceed with the fortifications at the Heads as quickly 
as possible, and to organize at once the best militia they could, 
Afewdays after this he was introduced to Sir George Grey, who 
had only just then received the seals of office. From what 
transpired at this, latter interview, Mr. Wentworth felt quite 
certain that the Constitution Bill would not be proceeded 
with during the current Session of the Imperial Parliament. 
Next day (13 Sept.) a message, with an accompanying 
Despatch from Sir George Grey on the subject, was reaui to 
the Council. It stated that the course of circumstances had 
rendered impossible the consideration by Parliament of the 
Acts passed by the Legislatures of New South Wales, Victoria, 
and South Australia, for altering their ConstitutionSj but 
that they would be brought forward in the next session. 

On 13th September an amendment on the Order of the 
day for the resumption of Committee of Supply was moved 
by Mr. Cowper in the following terms : — 

" (1.) That the G-ovemment of the Colony, as at present administered, doe» 
not possess the confidence o£ this House. 

" (2.) That this Council resolves to postpone the consideration of the 
Estimates for the year 1855, until it is assured that the Public Expenditure 
will be made under a Government formed upon the principle of Ministeriid 
responsiblity. 

" (3.) That an Address be presented to His Excellency the G-ovemor- 
Genorid, transmitting the foregoing Besolutions, and respectfully requesting 
that His Excellency will be pleased to take them into his favourable con- 
sideration." 

The debate terminated on 22nd September, when the first 
resolution was negatived by 27 to 10, the remainder without 
division. 

Resolutions by Dr. Lang in favour of the formation of a 
settlement on the banks of the navigable river at the head 
of the GuK of Carpentaria, and the construction of a tram- 
road there, were negatived, on 6th October, without division. 

The following resolutions, moved on 13th October by Mr* 
Nichols, were passed without division : — 

" (1.) That, in the opinion of this Council, it is desirable that every vestige 
of the former Penal System of New South Wales should be effaced at the^ 
earliest possible moment. 

" (2.) That there are many persons now in this Colony, free by servitudei 
under sentences passed upon them in the United Kingdom, under rigorous 
and now repealed statutes, who, by industry, perseverance, and upright con- 
duct, have gained for themselves and their families the respect and esteem of 
all, and who are desirous to be allowed to revisit their native land. 

" (3.) That these persons, by the retrospective operation of the Imperial Act^ 
6 Victoria, cap. 7, are deprived of that absolute freedom to which, from 



Governor FUz Moy. 233 

servitude in the first place, and their subsequent exemplary conduct, they are 
in every way entitled. 

" (4.) That, whether as regards the encouragement of free immigration to 
these shores, or the abolition of painful class distinctions, it is desirable that 
absolute in place of conditional pardons should be granted to those who have 
received the latter boon, and who, although enjojring every privilege of free 
denizens here, are, nevertheless, by a stem restriction, prohibited from return.- 
ing to their native country. 

" (5.) That an address be presented to the Grovemor-General, praying His 
Excellency to submit the foregoing Resolutions to the Secretary of State for 
the Colonies, and to recommend for the gracious consideration of Her 
Majesty the expediency of authorizing the Gfovemor-General of this Colony 
to grant, in Her Majesty's name, absolute pardons to such persons as now 
hold conditional pardons.'' 

On 17th October Mr. Darvall moved the following series 
of resolutions adverse to the Constitution Act : — 

"(1.) That the New South Wales Constitution Act, sent home for the con- 
sideration of the British Parliament, was passed by this Council in opposition 
to the wishes of a larg^ majority of the colonists, who desire, as the basis of 
their future local Government, a representative Legislature, and a just dis- 
tribution of the elective franchise. 

'' (2.) That if this Act shall unhappily become law, the Government of the 
Colony will fail to obtain that confidence of the people without which it 
cannot be either useful or powerful ; and the future welfare and peace of 
the Colony will be disturbed by the introduction of those changes which can 
now be effected without difficulty or confusion. 

*' (3.) That it is the manifest desire of Her Majesty's Advisers, and of the 
Imperial Parliament, to confer upon the colonists a form of local Govern- 
ment in accordance with their wants and wishes ; and as this Council, as now- 
constituted, does not represent the opinions of the people of New South 
Wales, and is constructed on principles fundamentally opposed to the British 
Constitution, it is expedient and just that the Constitution of the local 
Government should be determined by the wisdom of Parliament, and not by 
the now existing local Legislature. 

'' (4.) That the foregoing E/Csolutions be embodied in an Address to the 
Governor-General, with a request that His Excellency will be pleased to 
communicate them to the Right Honorable the Secretary of State for the 
Colonies, for the information of Her Majesty." 

These were negatived, after debate, by a majority of 24 
to 10. 

A Select Committee, appointed on 28th July, on the motion 
of Mr. Holden, to consider and report upon the best means 
of affording pecuniary assistance to clergymen of the various 
denominations, brought up their report on 13th October. 
The Committee recommended the appropriation by the 
Governor-General of £6,500, for the purpose of affording 
temporary pecuniary relief to the clergymen entitled thereto. 
They further recommended that the amount should only 
be paid by the Government on condition that the laity 



234 Neto South Wales. 

subscribed an equal amount. The report was adopted on 
24th October, by a majority of 18 to 11 ; and the estimate 
subsequently passed the Committee. 

On 27th June, on motion of Dr. Douglass, a Select Com- 
mittee on Immigration was appointed. A Progress Report 
was submitted on 6th July. The Committee were of opinion 
that a further remittance of £100,000 should be immediately 
made to the Land and Emigration Commissioners in London, 
to be expended for Immigration purposes. On 31st August, 
a Bill to amend the Assisted Immigration Act was introduced ; 
on 28th September it was referred to the Select Committee ; 
and on 26th October brought up by them in the shape in 
which they would recommend its adoption. The Bill, having 
passed, was assented to on 30th November. So much of the 
Assisted Immigration Act as was incompatible with its 
provisions was repealed ; and it was provided that contracts 
of service might be for a less period than two years. The 
Committee brought up their final report on 2l8t November. 
It was stated that the recommendation contained in the 
first Progress Report having been promptly acted upon 
by the Executive, there would seem to be no danger of 
a recurrence of the cessation of immigration. The merits or 
defects of the system established under the new Act would 
have become more fully developed, and might be more 
effectually considered some months thence than just then ; 
the resumption of the inquiry in the next Session wa^ there- 
fore recommended. 

On 7th November Mr. Saul Samuel took his seat as 
Member for Roxburgh and Wellington, in the room of 
Mr. W. H. Suttor, resigned. 

A Bill for the relief of destitute children and the preven- 
tion of juvenile delinquency was introduced, on 29th June, 
by Mr. Martin. It was referred to a Select Committee ; which 
reported on 1st December. As the Council were aware that 
a Society was already in existence, called the ** Asylum for 
Destitute Children,'* to which aid had been voted by the 
Legislature, they considered it desirable that a final report 
upon the whole question submitted to them should be 
deferred for another year. 

On 10th November a Select Committee on Intemperance, 
which had been appointed in June, on motion of Mr. Cowper, 
brought up a lS*ogress Report. This stated that it was 
advisable to postpone the adoption of any resolutions founded 



Qovemor Fitz Boy. 238 

on the evidence until the various suggestions made for 
arresting the progress and ruinous consequences of intem- 
perance had been subjected to general discussion. They 
recommended the re-appointment of the Committee in the 
next year. 

A series of resolutions were moved by Mr. Martin, on 27th 
June, to the effect that vigorous proceedings should be 
immediately taken to thoroughly make the leadiQg highways 
of the Colony. An amendment by Mr. Cowper for the 
appoiQtment of a Select Committee on the subject, together 
with that of the general introduction of railways into the 
Colony, was carried. The Committee brought up a Progress 
Keport on 7th November, in which they stated their 
unanimous opinion that the chief attention of the Govem-j 
ment and the CouncU must be directed to the construction, 
at the earliest possible period, of railways for the great leading 
thoroughfares ; and therefore they had not thought it neces- 
sary to devise any plan for making, upon any general system, 
common roads. The Pinal Report of the Committee was 
submitted on I7th November. Before proceeding to discuss 
the plan on which it might be desirable that raUway con- 
struction should be conducted in future, the measures taken 
by the Government and Council since 1849 were recapitulated. 
The circumstances of the Colony having been so completely 
changed, the Committee considered the time had arrived 
when the construction of railways should be taken up on a 
large and comprehensive system; whatever might be the 
cost, they felt that their general introduction into the Colony 
ought no longer to be deferred. The Government had 
already gone to the utmost extent justifiable in carrying out 
the guarantee principle, and as it seemed that private com- 
panies could not succeed in constructing railways without 
Government aid upon a scale which ought not to be conceded, 
the Committee recommended that these important works 
should be taken up by the Government. An Act of Council 
should be obtained giving the Government power, in the first 
instance, to construct railways from the Parramatta Terminus 
to Liverpool, Campbelltown, and the CoT\^asture District, on 
the southern line; and to Windsor and Richmond, with a 
branch to Penrith, on the western; and the necessary 
powers for carrying out such works should be conferred 
on a Department of Public Works. The Committee desired 
to ^.xpress their high sense of the enlightened views enter- 



236 Jfew South Wales. 

• 

tained by Sir Henry Young, Lieutenant-Governor of South 
Australia, correspondence from whom had been referred to 
them for consideration. His Excellency proposed a plan for 
connecting the three Australian capitals, of Sydney, Melbourne, 
and Adelaide, by rail ; and asked for the co-operation of the 
Colonies in carrying out such a design. 

On 24th November the Report was adopted, on motion of 
Mr. Cowper, and an Address in reference thereto was adopted 
by the Council. A Message was read to the Council on 28th 
November. Therein the Grovemor stated that he was prepared 
to adopt the principle reconmiended in the Report of the Select 
Committee ; but at that late period of the Session, and consi- 
dering that they were on the eve of a change in the Govern- 
ment, he did not feel at liberty to pledge the Government to 
any greater extent than might be required to provide for the 
continuance of the railway lines in progress. The draft of a 
Bill to make provision for the construction by the Govern- 
ment of railways in New South Wales, and conferring the 
necessary powers, was transmitted. This passed through all 
its stages in the Council, and was assented to on 2nd 
December. 

A Select Committee on Education was appointed on 1st 
August, on motion of Mr. Cowper. Their Progress E/Cport, 
submitted 26th September, recommended the appointment of 
a Commission, consisting of Messrs. Wm. Wilkins, Samuel 
Turton, and Henry Levinge, and deferred further inquiry till 
the Report of the Commissioners had been received. The 
Second Progress Report was brought up on 21st November. 
The Committee recommended the establishment of a Grammar 
School, and that aid from the public revenue should be granted 
thereto, to the extent of £20,000 as a building f imd, together 
with an annual endowment of £1,500. They had limited 
their Report to the matter specifically brought before them 
by petition (the establishment of a Grammar School). The 
subject of education was so vast that they desired to guard 
against being understood to deal' with it in all its bearings, 
reserving that for their Final Report, should they be again 
appoint^. 

A Select Committee on Crown Lands, appointed on motion 
of Mr. Cowper, reported on 29th November. The Committee 
stated that a Draft Report was submitted for adoption by the 
Chairman (Mr. Cowper), but the majority determined that 
from the extreme importance of the whole question, and the 



Governor FUz Boy. 237 

consequent necessity for a much more extended inquiry, it 
was not expedient to pledge the Committee at present to that 
Report. 

On niotion of Mr. Parkes a Select Committee on Asiatic 
labour was appointed. On 30th November the Report was 
brought up. The Committee were of opinion that with the 
prospect of a continued stream of population from the Mother 
Country all ideas of a renewal of Asiatic immigration would 
be abandoned. There seemed reason to doubt whether the 
nature of some agreements under which Chinese labourers 
had been brought out could be comprehended by the immi- 
grants ; and in the event of this species of immigration being 
again resorted to it would be absolutely necessary to estab- 
lish a Colonial protectorate for that class of persons. There 
was no necessity for immediate legislation on the subject. 

An Address by the Council for a stipend to a Jewish min- 
ister was answered by Message from the Governor-General 
on 21st September. The Governor regretted that he found 
himseM precluded, by the terms of a late Despatch from the 
Secretary of State, from concurring with the Council in any 
measure for extending to the professors of the Hebrew faith 
pecuniary aid towards the maintenance of Public Worship, 
unless it was a measure of the general character prescribed 
by the Secretary of State. 

A Bill to disqualify officers of the police force from being 
elected to the Legislative Council, and to prevent police 
officers and constables from interfering in or influencing 
elections, was passed, and assented to on 24th July. 

A Bill to authorize the formation of a Volunteer and Yeo- 
manry Corps in the Colony of New South Wales, and for the 
regulation thereof, was introduced on 14th June, passed on 
27th July, and assented to on 4th August. 

A Bill to authorize the construction of certain defence 
works was — ^having in its passage been referred to a Select 
Committee — assented to on 2nd December. 

A Colonial Spirits Duties B/cmittal Bill, introduced by Mr. 
Nichols, was discharged from the paper on 24th November. 

A Bill to increase the duties on spirits was passed through 
all its stages, and assented to on 10th November. 

The Appropriation Bill passed on 30th November. 



238 New South Wales. 

The following resolutions by Mr. Martin, in reference to 
salaries increased out of the Territorial Revenue, were 
carried by 14 to 8, on 30th November : — 

^'(1.) That, by a Efeturn laid upon the Table of this House on the 7th Sep- 
tember last, it appears that a fixed increase has been made to the Salaries of 
certain OfEcers of Departments, chargeable upon Schedule A, Parts 1 and 2, 
of the Act of Parliament 13 and 14 Vic, cap. 59, and that on such fixed 
increase, in some instances, an additional temporary increase has also been 
granted. 

^'(2.) That, by the same Return, it appears that in some instances the fixed, 
in others the temporary, and in more both the fixed and the temporary 
increases have been charged upon and defrayed out of the Territorial Revenue. 

"(3.) That, in the opinion of this House, such payments out of the Terri- 
torial Revenue are wholly unauthorized and illegal. 

" (4.) That the foregoing resolutions be embodied in an Address and pre- 
sented to His Excellency the Govemor-Greneral, with a request that he will 
transmit them to Her Majesty's Principal Secretary of State for the Colonies." 

A Select Committee appointed to report upon the pro- 
priety of placing the construction, management, and control 
of the Public Works and Buildings of the Colony under a 
Board of Public Works, reported on 21st November. They 
recommended that the Public Works of the Colony should 
be placed under the absolute control of a Commissioner, who 
should have a seat in the House, vacating his appointment 
on a change of Ministry. On 30th November a resolution 
wafi passed by the Council that the Governor- General be 
requested to adopt, as early as convenient, the measures neces- 
sary for the estabUshment of a Department of Public Works 
in the Colony, on the principles recommended in the Report. 

A farewell Address to His Excellency Sir Charles Augustus 
Fitz Roy was moved by Mr. James Macarthur, on 1st De- 
cember, in the following terms : — 

"(1.) That this Council, on the eve of its prorogation, and of the departure 
for England of His Excellency Sir Charles Augustus Fitz Roy, desires to 
record its deliberate opinion of the practical ability, sound judgment, and 
eminent success, which, during a period of more than eight years, have 
characterized His Excellency*s personal administration of the Government of 
this Colony. 

^^ (2.) That this Council more especially desires to express its sense of the 
frank, cordial, and truly constitutional spirit on all occasions manifested by 
His Excellency in his communications with this branch of the Legislature, — 
a course which "has been attended with the happiest results, and has in no 
slight degree tended to confirm that love of order, and those feelings of loyalty 
and of attachment to the Parent State, which pervade all ranks of this com- 
munity. 

" (3.) That in bidding him farewell, this Council desires to convey to His 
Excellency the assurance of its best wishes, and to express its hope that His 
Excellency's Administration of the Government of this Colony may ensure 



Governor Fitz May. 289 

to him a continuance of the confidence and favour of our most Gracious 
Sovereign. 

" (4.) That the foregoing Resolutions be embodied in an Address to His 
Excellency the Governor-General, to be presented to His Excellency by the 
House to-morrow." 

The Rev. Dr. Lang moved thereon an amendment to the 
effect that His Excellency's admmistration had been through- 
out a uniform conspiracy against the rights of the people ; 
that 9 from the inefficiency of the Government, the Colony 
had fallen from the leading position in the group, and 
become only second in the list ; that the funds of the Colony 
had been lavishly expended in the maintenance of unneces- 
sary ofllces and the payment of extravagant salaries, while 
urgent public works had been postponed and neglected; 
that no such efforts as were necessary had been made to 
supply the Colony with an industrious population of the 
working classes from the Mother Country ; that no efforts in 
the way of geographical discovery had been made, and that 
Leichhardt had been left to perish miserably in the central 
desert of Australia ; that instead of relaxing the oppressive 
character of the land system, in accordance with the obvious 
intent and spirit of the Orders-in-Council, His Excellency 
had voluntarily exceeded the powers entrusted him, in render- 
ing that system still more oppressive ; and that the moral 
influence which had emanated from Government House had 
been baneful to the interests of the community. The amend- 
ment was lost by 28 to 6, and the Address carried on the 
same division. 

The Le^slative Council was prorogued on 2nd December. 
The efforts made during the Session in regard to immigration 
were first adverted to in the Speech. Although it would 
have afforded Sir Charles Fitz Roy great pleasure in aiding 
the comprehensive system of railway communication contem- 
plated, he stated, the near approach of the termination of his 
Government rendered it desirable that the initiation of such 
a project should be left to his successor. In regard to 
Education, it had afforded him much pleasure to propose for 
adoption by the Council the endowment of suffragan Colleges, 
and to concur with them in founding and endowing a Public 
Grammar School in Sydney. The Council were thanked for 
the ««ito»s.. with wllch Lj ««nted to the mcrea«, of the 
duty on Spirits, rendered necessary by the exigencies of the 
service. The Colony in all its matenal interests continued 



240 . New South Wales. 

to progress. By a despatch from the Secretary of State he 
was informed that an expedition to explore the interior of 
the continent was being formed. It was hoped advantage 
would be taken of this expedition to carry out the recom- 
mendation to endeavour to ascertain the ultimate fate of Dr. 
Leichhardt. In addressing the Council for the last time, he 
expressed the most fervent aspirations for the continued well- 
being of the noble Colony committed to their care. 

In the middle of 1848 Edward Kennedy, who had been an 
officer in the Survey Department under Sir Thomas Mitchell, 
left Sydney on an exploring expedition to York Peninsula. 
His party consisted of twelve men ; his equipments of twenty- 
seven horses, 250 sheep, with a quantity of flour, tea, sugar, 
powder, shot, and firearms. The explorers, arriving at 
Rockingham Bay on the 21st May, set out on their land- 
ward journey on the 1st June. Here their progress was 
opposed by so many obstacles that the carts and most of the 
heavy stores had to be left behind. When a few hundred 
miles further had been traversed, the fact that the scanty 
supply of provisions would not suffice to the end of the 
journey becoming too palpable, it was arranged that eight 
men should remain at Weymouth Bay to await the arrival of 
the provision ship to be despatched by the Government four 
months after their departure from Sydney. The leader, 
with an aboriginal guide and the other men, proceeded 
forward to Port Albany. Three weeks after starting, one of 
the men (who had previously accidentally wounded himself) 
becoming too ill to proceed, Kennedy, leaving suitable in- 
structions behind, hastened forward, accompanied only by his 
guide, " Jackey." Several days' travelling brought them in 
sight of the sea in the neighbourhood of Port Albany ; and 
now, with their object almost accomplished, they fell in with 
a tribe of treacherous natives. These at first affected friend- 
ship, but thereafter for three days dogged the travellers' steps, 
and at last showed fight, the sad result of which was that the 
brave Kennedy was speared, and died in his faithful servant's 
arms. The latter, enduring great hardships and privations, 
arrived at Port Albany in thirteen days, bringing with him his 
master's books and papers. Here he found the ship which 
had been despatched with provisions, and was taken aboard. 
Out of the eight men left behind at Weymouth Bay but two 
survived — Mr. Carron, the naturalist of the party, being one 
of the number. These were rescued on the return voyage of 



Oovernor Fitz Roy. 



241 



the "Ariel'* (the provision ship), and early in March the 
schooner arrived in Sydney carrying back the survivors of 
the hapless enterprise. "Whether the three left behind at 
the second encampment by the leader, in his chivalrous 
anxiety to procure succour for all, died of starvation or were 
speared by the aboriginals is not known, for they were never 
heard of again. 

In January, 1862, an expedition under Mr. Hovenden Hely 
set out in search of Leichhardt ; but, with the exception of 
questionable rumours from the blacks, no information was 
gained. 



Sir Charles Pitz Roy retired from the Government of New 
South Wales on 17th January, 1865, and on the 28th Janu- 
ary he embarked for England. 

The following information, showing the progress and con- 
dition of New South Wales during Governor Pitz Roy's 
administration, is taken from the Registrar- General's 
statistics : — 



Yeur. 
1846... 

1847... 
1848... 
1849... 
1850... 
1851... 
1852... 
1853... 
1854... 

Year. 

1846... 
1847... 
1848... 
1849... 
1850... 
1851... 
1852... 
1853... 
1854... 



PopulattoD. 

196,704* 

205,009 

220,474 

246,299 

265,503 

197,168tt 
208,254 
231,088 
251,315 

Imports. 

£1,630,522 
1,982,023 
1,556,550 
1,793,420 
2,078,338 
1,563,931 
1,900,436 
6,342,397 
5,981,063 



Land under colti- 
Tation. 

183,360 acs. 

165,784 

164,664 

182,739 

198,056 

153,117 

131,730 

139,765 

148,851 



99 



RiviNnB. 

GeneraL Loans. 

£352,778 

396,260 

396,863 

575,692 

575,794 £57,917 

406,056 80,642 

537,961 144,176 

828,725 158,752 

1,004,467 234,680 



EZPBNPRUU. 

Ordinary. Loans. 

£290,092 

413,073 : 

460,531 

516,533 

567,165 

444,108 

600,322 

632,621 £50,000 

966,569 170,000 



Exports. 

£1,481,539 
1,870,046 
1,830,368 
1,891,270 
2,399,580 
1,796,912 
4,604,034 
4,523,346 
4,050,126 



Horses. 

88,126 
104,271 
113,895 
121,859 
132,437 
116,397 
123,404 
139,765 
148,851 



Homed Cattle. 

1,430,736 
1,614,967 
1,752,852 
1,810,213 
1,738,965 
1,375,257 
1,495,984 
1,552,285 
1,576,750 



Sheep. 

7,906,811 

10,071,625 

11,660,819 

12,102,540 

13,059,324 

7,396,895 

7,707,917 

7,929,708 

8,144,119 



45,600 
62,670 
70,875 
58,674 
61,631 
65,510 
78,559 
71,395 
68,255 



* Census taken March, 1846, when the population numbered 180,609. 
t Census taken March, 1851, when the population numbered 187,243. 
X The Separation of Port Phillip in 1851 will account for the decrease shown for thii 
year in this and most of the following columns. 



/ 



Ui Neto Smth JFaks. 



CHAPTER X. 
GOVERNOR SIR WILLIAM DENISON -1865-1861. 

Sir WiUiam Demaon— He declines to diaaolve the Legislative Council— The Opening 
Speech — Financial minute — Martin's resolutions— Custom-houses on the Border — 
Wentworth's communication — Lord John Russeirs despatch— Steam postal commu- 
nication — Education— Resolutions on the war— Railways— City Commissioners* 
Department — Bills and Select Committees — Retirement of Sir Charles Nicholson 
from the Speakership — Final prorogation of the Legislative Council — Responsible 
Government — The Donaldson Ministry — The First Parliament — Cowper's amend- 
ment on the Address in Reply — Departmental arrangements — Political position of 
Judges — Restgnatioi: of the Donaldson Ministry — The Cowper Ministry — Treaty of 
Peace — ^Defeat of the Cowper Ministry — The Parker Ministry — Constitution Act 
Amendment — Parkes* resolutions on transportation — Donaldson's Financial State- 
ment — Schedule C — Separation of Moreton Bay — Political pensions— Phmkett Presi- 
dent of Legislative Council— Select Committee on City Commissioners — Robertson's 
resolutions — Prorogation — Re-assemblingof Parliament — Donaldson's Financial State- 
ment — Defeat of Parker's Ministry on the Electoral Bill — The second Cowper 
Ministry — Jones' Financial Statement — Crown Lands Bill — Dissolution — Proposed 
separation of Northern Districts — Federation — The Second Parliament — Campbell's 
Financial Statement — Troops for India — Mr. Plunkett and the Board of National 
Education — Death of Sir Charles Fits Roy — Electoral Bill — Chinese Immigration — 
Sydney University — Death of Sir Ralph Darling — of Archdeacon Cowper — Haslem's 
Creek Railway Accident — Steam communication — Constitution of Legislative 
Council — Disputed elections — Bills of the Session — Prorogation — ^Re-assembling of 
Parliament — Cowper's Financial Statement — Public Worship — Bay ley Attorney- 
General — Departmental arrangements — Dissolution of Parliament — The Third Par- 
liament — Parkes' resolutions on Customs Duties — Cowper's explanation — Robertson's 
Land Bills — Separation of Moreton Bay — Education Bill, its defeat — The Forster 
Ministry — Retirement of Cowper from the Assembly — Cowper's second Cabinet — 
Resolutions on Defence — Sir Daniel Cooper retires from the Speakership — Mr. Murray 
elected — Telegraphic — Steam postal communication — Elective Legislative Council 
Bill — Ministerial statement — Vote of Censure — Resignation of the Forster Ministry — 
The Robertson Ministry — Weekes' Financial Statement — Death of Sir Thomas 
Brisbane — Select Committee on the condition of the Working Classes — ^Parkes' 
resolutions — Prorogation — The P. and 0. mail-contract — Re-assembling of Parlia- 
ment — Federation — Various measures — Free selection before survey — Dissolution of 
' Parliament — The Robertson-Cowper Ministry — ^The Fourth Parliament — Valedictory 
Address — Railways and Telegraphs — Wreck of the "Dunbar" — Explorers of 
Denison's era — ^Death of Sir Thomas Mitchell — Gold at Port Curtis — The Kiandra 
Ru^ — Lambing Flat — Denison's departure — Statistics. 

The Governor of Van Diemen's Land (Sir William Denison) 
succeeded Sir Charles Pitz Boy as Governor-General. He 
assumed oflSce on the 20th January, 1855. 

Early in the following month a public meeting was held 
in Sydney, at which a petition was adopted praying His 
Excellency to dissolve the Legislative Council with a view 



Oavemor Denison. 24S 

to the reconsideration of the new Constitution. In reply to 
this memorial the Gk)vemor expressed his regret that the 
petitioners should so soon have pressed upon him the adoption 
of such an extreme measure ; and he declined to accede to 
their request, hecause at that late period it could not be made 
to operate against the action of Her Majesty's Government 
in relation to the measure submitted for their consideration. 

The Legislative Coxmcil met on the 5th June. Mr. James 
Mitchell, Mr. Thos. Icely, and Mr. E. W. Ward took their 
seats as non-elective Members ; Mr. Stuart Alexander Don- 
aldson, Mr. William Macleay, and Mr. J. R. Wilshire took 
their seats for the Sydney Hamlets, for the Lachlan and 
Lower Darling, and for the City of Sydney respectively. 

The Governor's Opening Speech stated that of the measures 
to be submitted by the Government the most important was 
that of education. Much had been done by the munificence 
of the Legislature in endowing institutions such as the Uni- 
versity, the Affiliated Colleges, and the Sydney Grammar 
School ; but these could hardly be expected to produce the 
proper fruit unless the seed of education were sown in primary 
schools, and ample means were provided for the instruction of 
the whole mass of the population. He was prepared to 
submit a measure for the consideration of the Council, 
which, while enforcing on the people the paramount 
duty of educating their children, would place in the 
hands of the Government ample means for meeting all the 
expenses which a perfect and comprehensive system of educa- 
tion would involve. It must be obvious that the control which 
it might be in the power of the Government to exercise over 
agents scattered throughout a country comprising an area of 
upwards of 350,000 square miles could not be of a very effec- 
tive description ; even were the means of communication as 
good as they were notoriously bad. With these views a Bill 
for regulating Public Health was recommended to special 
consideration. This Bill was, in point of fact, an enactment 
conferring upon the inhabitants of towns a system of local 
organization for local purposes bearing not only upon their 
social condition, but upon their comfort and convenience. This 
municipal system was based on the principle that the funds 
applied to local purposes should be raised by local assessment. 
A Bill applying the municipal system to the formation and 
repair of the roads of the Colony would be submitted. A 
very extensive development of the railway system was con- 



24i4 New South Wales. 

templated. The stoppage of the regular monthly steam com- 
munication with England had heen productive of much 
inconvenience. Correspondence had therefore heen opened 
with the other Australian Colonies to ascertain whether, hy 
joint action, arrangements for relieving the Home Govern- 
ment from a portion of the cost of maintaining these steamers 
would ensure the speedy re-establishment of a system upon 
the advantages of which it was not necessary to dilate. It 
was hoped, therefore, that ready assent would be given to a 
Bill empowering the Government to expend annually such a 
sum as might be necessary for the attainment of a regular 
steam communication with England. The important subject 
of immigration was recommended to the serious attention of 
the Council. It was desirable that a permanent Court of 
Justice should be immediately established at Brisbane- In 
attempting to carry out the scheme of defence recommended 
some years before by Colonel Gordon, and approved by Sir 
John Burgoyne, sufficient attention had not been paid to the 
altered circumstances of the Colony, nor to the nature of the 
means at the disposal of the Government for maintaining a 
military force adequate to the defence of those works. 
Under these circumstances he had thought it advisable to 
discontinue any further outlay on them, and had caused a 
fresh scheme to be prepared. The buildings of the Mint had 
been completed, the machinery erected, and the process of 
coinage commenced; it was supposed that the assay and 
coinage charge would fully cover the cost of maintaining 
the establishment. Circumstances had compelled him (Sir 
William Denison) to sanction in some instances an expendi- 
ture for which provision was not made in the Estimates, but 
the fullest explanation would be given of every item of this 
additional charge. The principle that the charge for public 
works should be met by means of loans woiild of course 
modify most materially the financial system of the Colony. 
The reaction consequent upon the unexampled development 
of the commercial transactions of the Colonies had of course 
produced an injurious effect upon the revenue. The depres- 
sion, however, was but of a temporary character, and had 
been less felt by New South Wales than by the other Aus- 
tralian Colonies. 

. The Address in B^eply was adopted, on the motion of Mr. 
Samuel, without division. 

Mr. Henry Watson Parker was unanimously re-elected 
Chairman of Committees. 



Governor Deniaon. 245 

On 12th June Mr. Robert George Massie was sworn as 
Member for New England and Macleay. On 19th Mr. 
Daniel Cooper took his seat for Murray and St. Vincent. 

A Message from the Gtovemor-General in relation to the 
establishment of an Observatory in the immediate vicinity of 
Sydney, stating that a sum had been inserted in the Estimates 
to cover the cost of required buildings and for the salary of 
the Astronomer, was laid before the Council on 19th June ; 
and was taken into consideration with the Estimates. A sum 
of £1,075 was voted to meet exigencies of an Observatory 
Establishment for 1856. 

Mr. T. H. Hood, on 3rd July, took his seat as Member for 
Clarence and Darling Downs. 

Resolutions by Dr. Lang, condemnatory of the current 
system of immigration, and proposing the appointment of a 
Select Committee, were shelved on 15th August, by the 
previous question being negatived. 

The Abstract of Revenue and Expenditure for 1854, sub- 
mitted to the Council at the beginning of the Session, showed 
the total revenue (including the territorial) as £640,718 8s. 
A balance from 1853 of £139,791 16s. Id. increased this 
to £780,510 4s. Id. The disbursements amounted to 
£750,293 13s. 8d. A credit balance therefore remained of 
£30,216 10s. 5d. 

The Financial MiQute of the Grovemor-General was sub- 
mitted on 5th Julv. Erom the mode in which it had now 
been decided to provide for all public works of importance, a 
debt would be created the amount of which it would be 
impossible to determine ; it, however, in the course of a few 
years could not fall short of some millions, considering the 
extent and importance of the works which the Government 
would be called upon to execute. As provision would have to 
be made for the regular payment of this debt, and also for the 
repayment of the principal, it was important that the Legis- 
lative Council should be placed in full possession of all the 
information which it was possible for the Government to 
furnish with relation to the probable expenditure of the 
Colony and to its revenue. Hitherto a distinction had been 
drawn between the Crown Lands revenue and the revenue 
accruing from sources under the immediate control of the 
Legislature. This distinction did not appear to the Governor- 
General to be either necessary or desirable ; and although it 
would not be in the power of the Government or the Legis- 
lature to diminish the proportion of Land Revenue devoted 



246 Keu> South Wales. 

to immigration purposes, the GrOTemor-General was confident 
that in placing, so far as he was legally entitled, the proceeds 
of the Land fievenue at the disposal of the Legislative 
Council, he was acting in entire accordance with the views 
of Her Majesty's Government. In the general abstract 
which would be submitted explanatory of the financial con- 
dition of the Colony, the Land Revenue would be dealt with 
as forming part of the general revenue of the Colony, and 
the charges, including that for immigration, would be classi- 
fied with the general expenditure. In the Act of Parliament 
regulating the Constitution of the Colony it was enacted 
that certain sums should be payable to Her Majesty out of 
the revenue of the Colony for the purpose of defraying 
certain services mentioned in the Schedules appended to the 
Act. The Gk)vemor- General was quite prepared to bring 
tinder the notice of Council the constitution of the depart- 
ments the cost of which was chargeable upon the reserve 
fund, in the full confidence that every necessary expense 
would be amply provided for. The documents submitted to 
the Council consisted of — a Supplementary Estimate of Ex- 
penditure for 1855 ; the Estimates for 1856 ; the Estimate 
chargeable upon the E/Cserved Schedules; the Estimated 
Revenue and Expenditure of the Land Fund ; and the Esti- 
mated Clergy and Schools Lands Revenue and Expendi- 
ture. The total amount of supplementary expenditure was 
£69,536 9s. lOd., of which it was proposed to raise £5,600 
by loan, leaving a sum of £63,936 9s. lOd. to be defrayed 
out of the general revenue. It would be seen, on reference 
to the general abstract of the sums required to defray the 
expenses of the Government of New South Wales for 1856, 
that they amounted altogether to £1,550,392 18s. lOd., of 
which £912,861 3s. 5d. was chargeable to the General 
Revenue, £280,356 13s. Id. to the Territorial Revenue, and 
£6,000 to the Clergy and School Estates Revenue — ^making 
» total of £1,199,217 16s. 6d. to be defrayed from the annual 
income of the Colony ; while the remainder, amounting to 
more than £360,000, would be provided for by loan. A 
:statement explaining the purposes for which this debt had 
l)een incurred was appended to the Estimates. The charge 
for interest, in proportion to the outlay upon public works 
(chiefly railways), would regularly and rapidly increase ; but 
in a few years the increased productiveness of the land 
revenue would enable the Government to pay off the debt 
which had been incurred. The country woidd then be pro- 



Tided with a complete system of raUfoads, the traffic on 
which would only he burdened with a charge sufficient to 
provide for the cost of conveyance, and for that of the mam^ 
tenanee and repair of the roads themselves. The deficit at 
the end of 1855 could not be estimated at less than £76,845, 
and this sum, added to the Supplementary Estimate, would 
give £140,781 Os. lOd. as the amount of the liabilities of 
1865 yet unprovided for. The changes and additions pro- 
posed in the duties upon imported articles, and the receipts 
from other sources of revenue, would not produce more than 
£64,000, leaving a balance of £76,781 9s. lOd. to be carried 
over as a deficit and charged against the revenue of 1866. 
It had been evident from the commencement of the year 
that the duties levied would not raise a revenue adequate to 
meet the ordinary current expenditure of the country, irre- 
spective altogether of the additions rendered necessary in 
order to provide for the interest of the increasing debt. 
Three courses presented themselves— the imposition of aA 
4id valorem duty upon all imports ; of an ad valorem duty 
upon articles of luxury ; and a general increase in the 
rate of charge upon the articles in the present tariff, 
together with the imposition of duties upon certain oth* 
articles of extensive consumption, where the charge 
could be determined according to the weight or bulk 
of the article, without any direct reference to the value. 
The third mode was recommended to the Council for 
adoption. An alteration was also proposed in the 
charge for publicans' licenses, and light dues upon 
shipping woidd be levied. It was desirable that means 
should be taken to consolidate the various engagements of 
the Colonv, and for the future to create but one kind of 
stock, the interest of which should be secured upon the col- 
lective revenue of the Colony. With such a security the 
Government would have no difficulty in raising, in the 
English market, any amount of money which might be 
required for the development of an extensive railway system , 
or for any other public works of importance. The revenue 
arising from the sale of land had been put down at £270,000 , 
but the Governor-General had every hope of being able to 
increase this amount very considerably. The total revenue 
of the Colony, as shown in the abstract, was £1,650,699 Is. 6d., 
while the liabilities were £1,627,174 7s. lOd. The difference 
of £23,524 13s. 8d. in excess of the estiipated expenditure 
did not afford a very large margin; but the liabilities had 



248 New, South JTales. 

1)6611 estimated at the maxunum amount, while as to the 
xevenne the contrary system had heen followed. The Grover- 
nor-General did not, therefore, hesitate to express his opinion 
that the revenue, as shown, would he amply sufficient to 
defray the annual charges upon it, and also to liquidate the 
outstanding dehlt balance of the current year (1855), amount- 
ing to £76,781 9s. lOd. ; and that in future years the revenue 
from the same sources would be amply sufficient to meet not 
only the annual charge, but also the increasing interest of 
the debt. 

The motion for going into Committee on the Estimates 
was met by a resolution by the Solicitor-General that they 
be referred to a Select Committee for consideration and report. 
After a three-days' debate the proposed amendment was 
withdrawn. Mr. Martin then moved that the Estimates con- 
nected with the various services provided for by the Schedules 
of the Constitutional Act be excepted from consideration. 
On 26th July this was negatived by 32 to 10, and the House 
resolved itself into Committee. A proposition contained in a 
Message from the Governor- General, in reference to the 
establishment of a proposed Board of Public Works, was, on 
the motion of Captain Ward, referred to a Committee of the 
Whole. The Estimate was rejected, on 3rd October, by 20 
to 11. 

The motion for going into Committee on the Supplemen- 
tary Estimates — made by the Auditor-General on 22nd 
August — ^was met by a series of resolutions by Mr. Martin 
on defence. They were to the effect that— the Council 
having passed an Act appropriatiag £30,000 for the execu- 
tion of defence works at Middle Harbour and the South 
Head — ^it was the opinion of the Council that it was the duty 
of the Executive Government to carry that Act into effect. 
Eurther, that the conduct of the Governor- General, in spend- 
ing the money appropriated for defences in dismantling the 
batteries at Middle Head, which had been partly armed at an 
expense of several thousand pounds, and in abandoning the 
works altogether, was highly irregular and unconstitutional, 
and called for the strong condemnation of the House. The 
resolutions were negatived by 27 to 10. 

A resolution by Mr. Darvall, referring the proposed 
augmentation of the Govemor-General's salary for consider- 
ation with the Estimates, was carried, on 4th September, by 
22 to 9. The Estimate passed the Committee, on 1st Novem- 
ber, by 21 to 6. 



Oavemor Denison. 249 

S/esolutions in reference to the sale of Crown Lands were 
moved by Mr. Bligh on 11th September. The first of these 
declared that the great demand for Crown Lands which had 
arisen from the increased immigration to the Colony, and 
the improved condition of the working classes, rendered it 
desirable that new districts should be thrown open for sale ; 
and the remainder set forth the course of action to be taken 
in order to meet the public requirements. The resolutions 
were negatived by a majority of 18 to 13. 

A Message from the Gtovemor-General was read on 12th 
September respecting objections which existed to the main- 
tenance of Custom-houses on the boundary-line between the 
Colonies of New South Wales and Victoria. At the time 
of the separation of the Colonies the difiiculty had been 
foreseen, and an attempt had been made to meet it by estab- 
lishing a species of federal legislature. This arrangement 
had not been carried into effect, and the consequence of the 
imrestricted action of the Governments of New South Wales 
and Victoria had been the adoption of dijfferent principles in 
the imposition of duties on imports, and as a corollary to 
this the establishment of Custom-houses on either side of the 
boundary separating the two Colonies. A system had thus 
been commenced which, if allowed to continue, would not 
only be productive of great annoyance to those residing near 
the frontiers, but would generate a system of smuggling most 
injurious to the character and morals of the population. The 
Grovernor-General had therefore thought it desirable to 
surest to the Governor of Victoria that an agreement should 
be entered into to the effect that henceforth no attempt 
should be made to levy any duties upon goods passing by 
land from one Colony to the other. But as the difference 
between the tariffs of New South Wales and Victoria would 
throw difficulties in the way of such an agreement, the 
Gt)vemor-General expressed the opinion that it would be de- 
sirable to take advantage of the opportunity of bringing the 
tariffs of the two Colonies more into harmony with one 
another. Looking to the advantage which would result from 
the assimilation of the tariffs of New South Wales and Vic- 
toria, the adoption of a scale of duties detailed in an enclosure 
was recommended, in preference to that suggested in the 
minute accompanying the Estimates. 

The Colonial Treasurer then moved the House into Com- 
mittee of the Whole for the consideration of the Message, and 
with a view to the alteration of the duties granted to Her 



360 New South W^alek. 

Hajesty. Besolutions reported later bjF the Chairman were 
adopted by a majority of 21 to 10» and the Colonial Treasurer 
obtained leave to bring in Bills founded on the said resolutions. 
On the following day the Customs Duties Bill and the Colonial 
Spirits Duties Bill passed through all their stages, and were 
assented to on 14th September. 

On 20th September Mr. John B/ichaidson took his seat as 
Member for Stanley Boroughs. 

A petition from Mr. Rusden against the return of Mr. 
Robert George Massie, Member for New England and Mac- 
leay, was referred to the Committee of Elections and Quali- 
fications. The Committee, on 6th July, reported the election 
and return to have been wholly void. On 4th October Mr* 
Thomas Greorge Rusden took his seat as Member for the 
above constituency. 

A Message from the Governor-General proposing the im- 
position of certain Stamp Duties, in order to enable the 
revenue to meet the increased charges on it, was considered 
in Committee on 24th October. A resolution by Mr. Donalds- 
son, postponing the consideration of the subject for six 
months (and thereby shelving it), was carried by 21 to 12. 

On 2nd October the Speaker read a commimication from 
Mr. Wentworth regarding the Constitution Bill. It was 
dated 3rd Julv, and stated that the Constitution Bill — as 
amended in the Colonial OflBice — ^and the Waste Lands (Aus* 
tralian) Repeal Bill had passed the House of Commons, and 
were expected to go through the House of Lords with- 
out further alteration. The changes which had been made 
in the Constitution, as passed by the Legislative Council, 
were very important. The clauses drawing a distinction be- 
tween Imperial and local subjects had been omitted ; the old 
powers of veto, claimed and exercised by the Crown, had 
been restored in their integrity ; the boundary clauses had 
been omitted ; a power of destroying the majorities, and of 
legislating by bare majorities of the Members present in all 
cases (excepting only the squatting question) had been intro- 
duced into the Acts of Parliament giving vaKdity to both 
Bills, in spite of the opposition which he (Mr. Wentworth) 
brought to bear against that dangerous and subversive change. 
To his mind the only securities the measures contained 
against these most destructive innovations were that the vested 
rights of the Crown tenants were upheld, and the existence 
of a nominated Upper House permitted. The Acts, of course. 



could not be forwarded till they had become such by passh' 
iog through the House of Lords, and receiving the Boyal 
Assent. 

On 31st October the Govemor-Greneral transmitted to the 
L^islative Council a Message enclosing an Act of Parliament 
by which Her Majesty had been enabled to assent to a Bill (as 
amended) of the Legislature of New South Wales to confer a 
Constitution on New South Wales. This was accompanied by 
a Despatch from Lord John Russell. The Secretary of State 
said that although the Colonial Legislature had exceeded its 
powers by passing the Bill, it was more expedient to preserve 
in form, as well as in substance, the measures which had been 
fully considered and finally enacted by that Legislature, than 
to supersede its provision by direct Parliamentary legislation. 
No alteration had, therefore, been made in any provisions 
of a simply local character. But those portions of the pro- 
vincial enactment which controlled and regulated the future 
power of the Crown as to the reservation and disallowance Of 
the Colonial Acts, and as to the instructions to be given to 
Governors respecting them, had been omitted by the Imperial 
Parliament. The question of introducing clauses to establish 
s: federal union of the Australian Colonies, for purposes 
of coBtoion interests, had been seriously weighed by Her 
Majesty's Government, but they had concluded that it was 
not a proper opportunity for such enactment, although they 
would give the fullest consideration to any propositions on 
the subject emanating from the Colonial Legislatures. He 
would conclude by expressing, on behalf of himself and of 
Her Majesty's Government, a siacere hope that the new 
institution thus conferred on New South Wales, greatly ex- 
tendiag, as it did, the powers of self-government now pos- 
sessed by the community, might prove a permanent and solid 
advantage. 

On 27th November the Speaker reported that His Excel- 
lency the Governor- General had signified Her Majesty's 
assent to the Constitution Act. 

A Select Committee was appointed on 16th October to 
inquire into the powers and duties of the chief officers of the 
Executive Gt)vemment, with a view to ascertain what altera- 
tions would be necessary in carrying out the principle of 
responsible administration contemplated by the Constitution 
Act. Mr. Martin, as Chairman, brought up the Report on 
7th December. Upon a full consideration of a Draft Report 



252 New South Wales. 

submitted by the Chairman, the Committee had arrived at 
the conclusion that the important question discussed in it 
ought not to be determined upon by the existing Council, 
but should be deferred for the decision of the Legislature to 
be called into existence by the Constitution Act. As, how- 
ever, the Upper House could not conmaence its duties unless 
some provision were made for its necessary officials, the 
Committee recommended, temporarily, a scale of salaries to 
be proposed upon the Estimates for 1856. This scale pro- 
vided salaries for the President, the Chairman of Committees, 
and other necessary officers. 

A Census Bill passed the Council, and was assented to on 
27th July. 

A Steam Postal Communication Bill, introduced by Message 
on 15th June, was referred to a Select Committee, which 
reported on 30th August. The Committee suggested — 1. 
That facilities should be aflforded by which each Colony could 
avail itself of the exertions of the neighbouring Colonies ; 
arrangements being made that the whole ocean postage on 
letters transmitted to and from Great Britain should be 
received by the Colony paying for the means of transit. 2. 
That application be made to the Home Government to pro- 
cure its sanction to the granting of a subsidy equal to half 
the expense of any contact that might be entered into by 
the New South Wales Government for the conveyance of 
mails between Sydney and Singapore ; and further, that the 
accounts of postage should be simplified by each country 
collecting its own postage. 3. That, in order to meet con- 
tingencies, a further sum of £5,000 per annum for five years 
certain be placed at the disposal of the Executive Grovern- 
ment. 4. That it was highly expedient that the Colonial 
Government should endeavour to obtain a contract, at a rate 
not exceeding £25,000 per annum, for the purpose of opening 
up the Singapore line via Torres Straits — ^the contract being 
entered into from month to month only. 

A Message from the Governor- General with reference to 
these suggestions was read to the Council on 20th September. 
It stated that the Bill would be modified so far as to carry 
out some of the views of the Committee. The second sugges- 
tion had been already carried out. The Bill, as amended, 
having passed its subsequent stages, was assented to on 22nd 
November. 



Governor Denison. 253 

A Bill to legalize certain arrangements made between the 
Governments of New South Wales and South Australia, 
relative to the Murray River Customs Duties, passed the 
Council, and was assented to on 19th October. 

The Select Committee on Education was re-appointed on 
12th June. To it was referred, on 18th July, a Primary 
Schools Bill — ^introduced by Message on 4th July. The Bill 
was subsequently withdrawn. On 4th December Mr. Cowper, 
as Chairman, brought up the Report. It stated that the 
Commissioners appointed by the Executive, at the recom- 
mendation of the Select Committee on Education in 1854, 
not having sent in their Final Report, the Committee were 
not in a position to prepare a Report upon the subject 
referred to them. But the Pinal Report of the Commissioners 
would be submitted previous to the prorogation, and would 
afford the new Legislature much valuable information when 
the question of education should be brought under considera- 
tion. 

A Live Stock Assessment Bill passed through the Council 
and was assented to 13th November. 

A resolution by Dr. Douglass — ^upon which the Council 
had been several times previously counted out — ^was passed 
on 30th October. It prayed for the appropriation of a sum 
of £6,000 for the purpose of continuing temporary reUef to 
ministers of reUgion, on the conditions specified in the Re- 
port of the Select Committee of 1864. 

Relative to the progress of the war with Russia, the follow- 
ing resolutions by Mr. Parkes were passed, on 6th November, 
without division : — 

" (1.) That the progress of the war, in which England and her allies are 
engaged against Kussia, has been anxiously watch^ hy the people of this 
Colony, who fully concur in the justice of the cause sustained by the Allied 
Powei*s. 

^' (2.) That this Council, entertaining the same patriotic sentiments which 
animate all classes of the community, feels a warm pride in the loyalty, 
valour, and fortitude displayed by our countrymen in arms. 

'' (3.) That this Council, on behalf of the Colony, deeply deplores the loss of 
the brave men and distinguished commanders who have fallen in battle, or 
died in the course of the war by pestilence and disease, and desires to express 
its earnest sympathy with Great Britain in these national bereavements. 

" (4.) That this Council, on behalf of the Colony, views with unspeakable 
gratification the increasing cordiality which marks the alliance between Her 
Majesty the Queen and the Emperor of the French, from which it hopes for 
an early and enduring peace, and a succession of other benefits scarcely less 
valuable to mankind/' 



264 New South Wcdes. 

' In acknowledging this Address on the 13th November, the 
Governor- General stated that the noble manner in which the 
people of New South Wales had come forward in support of 
the widows and orphans of their brave coimtrymen who had 
fallen in the war bore honorable testimony to the genuine 
nature of the sentiments which animated them. 

Resolutions were moved by Mr. Holroyd, on 6th November, 
to the effect that whereas it was desirable at once to make 
provision for the extension of railways throughout the county 
of Cumberland, and also for extending the Northern line 
from East Maitland towards Singleton, an Address be pre- 
sented to the Governor-General praying that the sum of 
£600,000, to be raised by loan, should be placed upon the 
Estunates for 1856. The previous question, moved by Mr. 
Martin, was carried by a majority of 21 to 5, and the resolu- 
tion then passed without division. 

With reference to this Address, a Message from the 
Governor- General was submitted to the Council on 13th 
November. Trial surveys had not yet been finished ; until 
these were completed it would be impossible to form proper 
plans for the extension of the railways in the directions pro- 
posed. While the Governor-General was willing to comply 
with the request of the CouncU, he must pledge himself to 
lay before the Legislature, for approval, the plans and esti- 
mtates of the work to be executed. 

A Government Railway Bill was transmitted by Message 
to tlie Council on 24th October. When the Railway Act of 
the previous Session was passed it was considered to be an 
enactment for preventing the abandonment of the works 
then in progress ; and it was understood that the Government 
would introduce a competent measure for making, main- 
taining, and working, not only the railways in course of con- 
struction, but those which it might be desirable thereafter to 
undertake. At that late period of the Session, and under the 
peculiar circumstances of the Colony, sufficient time could 
hardly be allotted to the discussion of such a Bill. But it 
was desirable that the attention of Members should be 
directed to its provisions during the interval before the 
meeting of the new Parliament. In the meantime a short 
enactment could be introduced, conferring upon the Com- 
missioners necessary powers to work the line from Sydney to 
Parramatta. 



Qavemor D&nigan. 266 

The coiisideration of the Bill was not further proceeded 
with that Session, a course which was contemplated in its 
introduction. 

On 30th October another Message was read» transmitting 
a Bill to make further provision for the regulation of rail* 
ways. This passed through the House, and was assented 
to on 30th November. 

Two Public Works Loan BiUs passed the Council and were 
assented to — the first on 14ith September, the second on 18th 
December. 

On 12th June, Mr. Martin moved for a Select Committee 
to inquire into the working of the City Commissioners' De- 
partment. The Committee was appointed on 13th December, 
and their Report was laid before the Council. Having inves- 
tigated the charges, and examined the city sewerage works 
— in the construction of which an alleged fraud had been 
perpetrated — the opinion was expressed by the Committee 
that the appointment of the Commissioners was an uncon- 
stitutional experiment. Their dismissal and the repeal of 
the Act appointing them were recommended. Mr. Martin, 
on 15th December, moved the adoption of the Report. An 
amendment by Mr. James Macarthur was carried by a majority 
of 22 to 6, to the effect that the matter be referred to the consi- 
deration of His Excellency, requesting him to take such steps 
as the public interests demanded ; but at the same time in- 
forming him that the Council was not committed to the 
conclusions arrived at in the Report of the Select Committee. 

A Bill to enable the Government to raise, at an increased 
rate of interest, certain loans authorized by the Sydney 
Sewerage and Water Acts of 1853, and by the Railway Act of 
1854, and to remove doubts touching the security of existing 
loans, was introduced by Message on 11th October. On 18th 
October its further consideration was shelved, the previous 
question, moved by Mr. Holroyd, being negatived by 18 
to 15. 

The Loans Appropriation Bill, and the annual Appropria- 
tion Bill, having passed, were assented to on 18th December. 
A Sydney Sewerage and Water Appropriation Bill passed 
through all its stages on 19th December. 

The Select Committee on Intemperance brought up a Final 
Report on 7th November. The state of public business had 
been so unsettled that the Conunittee had agreed not to 



256 New South Wales. 

recommend that the Licensing Law should be amended by 
the existing Legislature. The public discussion of the ques- 
tion would be productive of good, in preparing the way for 
those alterations which were likely to be more acceptable if 
made by a Legislature framed on a popular basis. 

A Select Committee was, on the motion of Mr. Martin, 
appointed on 12th June to report upon the working of the 
Volunteer Corps Act of 1854. The Report, submitted on 
19th December, recommended that a building should be 
set apart in some locality for the convenience of Volunteers ; 
that this should be in charge of a number of non-commis- 
sioned officers ; that the various Volunteer corps should form 
one regiment, and be placed under one head ; that uniforms 
should be provided at the public expense ; and that in the 
appointment of officers special regard should be had to the 
zeal ana efficiency of the gentlemen selected. 

The Speaker (Sir Charles Nicholson) having expressed his 
intention to retire, a unanimous vote of thanks was tendered 
him by the Council for the zeal, ability, and impartiality 
displayed by him in the discharge of the duties of his office, 
to which he had been three times elected. Sir Charles 
Nicholson made his acknowledgments to the House, and 
expressed a fervent hope that a spirit of patriotism, loyalty, 
and moderation might characterize the Parliamentary 
history of New South Wales to the remotest generation. 

The Legislative Council was prorogued on 19th December. 
The subjects brought under discussion had not been so 
numerous as those discussed in previous Sessions, but several 
of the enactments passed would have a most beneficial opera- 
tion on the interests of the Colony. Among these were the 
Marriage Act and the Steam Postal Act. By various enact- 
ments the Council had recognized the importance which 
was to be attached to railways as means of communication. 
The Council were thanked for the liberal manner in which 
they had provided for the expenditure of the Government ; 
and the consideration which induced them to place the salary 
of the Governor for the last four years on the same footing 
as that defined in the Constitution Act was acknowledged. 
The Address of the Council on the fall of Sebastopol would 
be, without delay, forwarded to Her Majesty. The inhabit- 
ants of New South Wales had already shown that the dis- 
tance separating them from the land of their fathers had in 



Qovemor Deniaon. 257 

no way diminished their loyalty to their Sovereign, or their 
sympathy with those who suffered in the great cause of the 
nation; and it was therefore peculiarly fitting that their 
representative should be among the foremost to express their 
cordial rejoicings in the success of the Allied Arms. The 
Speech, in conclusion, stated that the Governor- General 
could not allow that, the last Session of the Council, to 
terminate without an expression of gratitude on behaK of the 
Colony. Called on by the voice of the community to modify 
the existing Constitution, they had addressed themselves to 
the task with an earnest desire to secure to the inhabitants all 
those powers and immunities to which they could justly lay 
claim. The result of their labours was to be seen in the Act 
brought that day into operation. That it might prove the 
foundation of a Legislative system wisely adapted to the 
wants of the Colony was his earnest hope. No effort should 
be wanting on his part which might tend to promote the 
harmonious action of the different branches of the Govern- 
ment, or which might in any way advance the interests of 
the Colony. 

On the 19th December the Governor-General's Commission 
and Instructions, under the new Constitution, were laid 
before the Council. These revoked the former Commission, 
and re-constituted Sir Wm. Denison Governor of New South 
Wales. 

On the 22nd January, 1856, the Governor sent for Mr. 
Stuart Alexander Donaldson, and charged him with the 
important duty of forming the first Responsible Ministry. 
Mr. Donaldson up to the date of the dissolution of the old 
Council — ^February 29 — was unsuccessful ; but on the com- 
pletion of the general elections he succeeded in forming the 
first Ministry, as follows : — 

Stuart Alexajider Donaldson . . . Colonial Secretary. 

Thomas Holt Colonial Treasurer. 

William Montagu Manning ... Attorney-General. 

John Bayley Darvall Solicitor-General. 

George Robert Nichols | Auditoi^Geneml and Secretary for 

° ( Lands and Works. 

William Colbum Mavne ...... | Representative of the Government 

•^ [in the Legislative Council 

The First Parliament assembled on the 22nd May, 1856. 
Sir Alfred Stephen was appointed President of the Legislative 
Council ; Mr. Daniel Cooper was elected Speaker of the Legis- 
lative Assembly by 24 to 23, Mr. Henry Watson Parker being 
the other candidate. 

R 



26S New South Wales. 

The Governor delivered his Opening Speech on the 23rd 
May. Under the former Constitution (he said) the Gover- 
nor alone was responsible for the policy of the Govern- 
ment, and for the measures submitted to tiie Legisla- 
ture by which that policy was intended to be carried into 
effect; under the present Constitution the Governor was 
most properly relieved from that responsibility, which would 
now fall on those gentlemen whom he might select as his 
advisers, and in whose ability, integrity, and political princi- 
ples the Legislature placed confidence. As in their former 
relation he (Sir William Denison) was always most anxious 
to press on their notice whatever could, in his opinion, be 
conducive to the interests of the Colony ; so now he should 
be ever ready to carry into effect, as the head of the 
Executive, such measures as the Legislature might consider 
best calculated to enhance the general prosperity. Under the 
new Constitution it had become the duty of the Governor to 
summon to the Legislative Council such persons as the Gover- 
nor and Executive Council deemed efficient. It was requisite 
that the Executive Council should be composed of gentlemen 
most of whom had been returned as Members of the Legis- 
lative Assembly, and who had thus given the best consti- 
tutional guarantee that they possessed the confidence of the 
community. These gentlemen had not yet been placed in 
charge of Departments, because their seats would thereby 
become vacant, and because there was no power to issue new 
writs for their respective districts until after the meeting of 
Parliament. Failure in the crops, followed by commercial 
depression, had exercised an unfavourable influence on the 
revenue for 1855, and for the first four months of 1856. 
The amount of revenue collected during the latter period 
had fallen short of the Estimate. Certain clauses of the Act 
enabling Her Majesty to assent to the Constitution Act 
required a majority of two-thirds of the Legislature to effect 
changes in the system of representation. A Bill would be 
submitted to repeal such clauses. The state of Public Edu- 
cation demanded the early attention of the Legislature. The 
management of the public lands, and the control of the 
revenues derived from them, having been surrendered 
to the local Government, it would be the duty of the Legis- 
lature to give immediate attention to the subject. The 
subjects of railway extension, of immigration, of the establish- 
ment of municipal institutions, and of the management of 
gold-fields, were next adverted to. The great and growing 



lEhvemor Denison. 259 

importance of the northern districts of the Colony, and their 
remoteness from Sydney, called for the establishment of a 
branch of the Supreme Court at Brisbane. Despatches on 
the subject of Steam Communication with Great Britain, and 
other important matters, would be laid before Parliament. 

The Address in Reply was moved by Mr. Garland, 

Mr. Cowper moved the insertion, in place of paragraph 2, 
of the f oUowiag : — 

"We fully reciprocate the feelings of satisfaction expressed by your 
Excellency, in meeting for the first time the Legislature asa^nbled in pur- 
suance of an Act by which increased powers of self-government have been 
conferred upon the Colony ; and we shall be happy to join in the introduction 
of such amendments of the Constitution as may from time to time be con- 
sidered desirable." 

And in place of paragraph 4 : — 

'* With reference to the recent appointments, by your Excellency, of gentle- 
men who have been returned to the Legislative Assembly, as Members of the 
Executive Gtovernment, without the charge of any Department, we desire to 
convey to your Excellency the expressioii of our <^inion that the officers of 
Government, for whom pensions or retiring allowances have been provided by 
the Constitution Act, 18 <& 19 Yict., c. 54, on their release or retirement from 
office on political grounds, are not entitled to claim, under that Act, such 
pensions or allowances, unless such release or retirement takes place after 
some direct Parliamentary manifestation of their inability to carry on the 
Government — which manifestation has not yet been made ; and that the 
assumption of office, as responsible Ministers, under existing circumstances, 
by any persons, in the place of those for whom such pensions have been pro- 
vided, before such manifestation shall have taken place, is highly irregular and 
unconstitutional The existence of an entire Ministry, no member of which 
is the holder of any office under the Crown, is also, in our opinion, incompa- 
tible with that responsibility to which every Administration ought to be 
subject." 

The debate lasted five days, and terminated on the 29th 
May, when the first amendment was lost by 27 to 21 ; the 
second by 29 to 19 ; and the Address, as read, was adopted 
by a majority of 30 to 18. 

On 26th May, Mr. Terence Aubrey Murray was elected 
Chairman of Committees. 

Mr. Plunkett having been returned by two constituencies 
— Bathurst and Argyle — elected, on 29th May, to sit for the 
latter, whereon the seat for Bathurat was declared vacant. 

A resolution was moved by Mr. Holt, on 3rd June, to the 
effect that the Speaker, on taking the Chair, should hence- 
forth read the 67th Psalm. The previous question was 
moved by Mr. Forster, and, on division, negatived by 26 to 9. 



260 New South Wales. 

On 4th June, Mr. Jones moved : — 

'' That as the Constitution Act provides that all Taxation and Appropriation 
Bills shall originate in the Legislative Assembly, this House is of opinion that, 
to secure the due administration of the financial afiairs of the Colony, and 
the direct Parliamentary responsibility of the officer administering them, the 
office of Colonial Treasurer, or of Finance Minister, by whatever title here- 
after designated, should be filled by a Member of this Assembly." 

The question passed without division, 

Mr. Manning (Attorney- General), on 6th June, announced 
the acceptance of office by Ministers, and moved that their 
seats be declared vacant. He also announced his own accep- 
tance of the office of Attorney- General, in lieu of the other 
office of Solicitor-General, which he held at the time of his 
election for the South Riding of Cumberland. This change 
did not render his seat vacant. 

On the same day, the Speaker reported the resignation by 
Mr. James Macarthur of his seat for the Western Division 
of Camden ; and the seat was thereupon, on motion of Mr. 
Manning, declared vacant. 

Ministers were all re-elected, and (with the exception of 
Mr. Darvall) took their seats on 5th August. On the same 
day Mr. Rusden took his seat for New England and Macleay ; 
Mr. W. H. Suttor took his seat for Bathurst; and Mr. 
Sandeman took his seat for the districts of Morton, Wide 
Bay, Burnett, and Maranoa. Mr. Darvall took his seat for 
the North Riding of Cumberland on 8th August. 

The Committee of Elections, to whom, on 29th May, 
was referred a petition complaining of the return of 
Mr. Bourn Russell, brought up, on 5th August, a Report 
declaring that Mr. Russell was not duly elected, and 
that Mr. Elias Carpenter Weekes was duly elected for 
Northumberland Boroughs. As Mr. Weekes had been 
also returned for the South Riding of Cumberland, the 
Speaker called upon him to choose for which of the two 
constituencies he would serve. Mr. Weekes elected to sit 
for Northumberland Boroughs, and resigned his seat for the 
South Riding of Cumberland. 

Relative to Departmental arrangements, Mr. Donaldson, 
on 8th August, moved : — 

" That, in the opinion of this House, with a view to the effective adminis- 
tration of Responsible Government, it is expedient that the following 
Ministerial arrangements be made, that is to say : — 

''(1.) There shall be a Department of the Principal Secretary of the 
Government. 



Gaoemor Deniaon. 261 

" (2.) There shall be a Department of the Attorney-General and the Solicitor- 
General 

"(3. ) There shall be a Department of the Treasurer and Secretary for Finance 
and Trade. 

" (4.) There shall be a Department of the Secretary for Lands and Public 
Works. 

'^ (5.) And the Auditor-General shall no longer be a Political Officer. 

Mr. Martin moved the following amendment : — 

" (1.) That the Principal Secretaries charged with administering the Govern- 
ment of this Colony, ought, for the present, to be four in number. 

** (2.) That each of those Secretaries ought, as in England, to be the absolute 
Head of his own Department, and the immediate responsible adviser of the 
Governor-General in reference to all matters connected with such Department. 

" (3.) That one of those Secretaries ought to occupy a position, in reference to 
his Colleagues, similar to that occupied by the First Lord of the Treasury in 
England. 

^' (4.) That the salaries of the four Secretaries should be of equal amount. 

" (5.) That such salaries, as well as the salaries of all other responsible 
advisers of the Governor, ought to be, as in England, subject to annual vote." 

The amendment was lost hy 29 to 14; and the original 
question then passed without division. 

On 12th August Mr. Forster moved : — 

'* (1.) That the political position occupied by the Judges in the Legislative 
Council tends to abate the respect due to their office, and to affect 
unfavourably their judicial independence. 

^' (2.) That to impose upon the Judges the functions of legislators, in addition 
to their ordinary duties, cannot but impair their efficiency, or lead to 
unnecessary expenditure of public funds." 

On division the numbers were equal; the Speaker giving 
his casting vote with the Ayes the question passed in the 
affirmative. On 14th August Mr. Donaldson moved the 
rescission of the resolutions. Mr. Robertson moved an amend- 
ment declaring that the House declined to rescind the 
resolutions ; but had no wish that they should be considered 
to express want of confidence in the Ministry. The 
amendment was defeated by 23 to 22 ; whereupon the 
question passed without division. 

On 20th August Mr. Donaldson moved for a Select Com- 
mittee to report upon the expediency of creating any addi- 
tional Ministerial Department, and also to consider what 
salary should be attached to the office of each Responsible 
Minister. Mr. Jones moved, as an amendment — 

^' That the Committee consider the Ministerial arrangements under which 
the Government of the country could henceforth best be carried on," 

The amendment was lost by 24 to 19, and the motion was 
passed by a majority of 24 to 22. 



262 Nev> South Wales. 

Mr. Donaldson, on 22nd August, informed the House that 
the position in which Ministers found themselves — ^more 
especially from the divisions of the past week, and particularly 
from the division of the previous day — ^had induced them to 
take a step which they deemed their duty, with a due regard 
to their position in the House, as well as to their dignity and 
character. It appeared they had not a sufficient majority in 
the House, therefore they would at once resign office. 

The Grovemor then sent for Mr. Cowper, and on 26th 
August the formation of a new Ministry, as follows, was 
announced by Mr. Jones : — 

Charles Cowper Colonial Secretary. 

Robert Campbell Colonied Treasury. 

Terence Aubrey Murray... Secretary for Lands and Works. 

James Martin Attorney-General. 

Alfred Lutwy che Solicitor-General (Legislative Council). 

Ministers having all been re-elected, met the House on 
16th September. Mr. Cowper made a Ministerial Statement. 
He stated the course taken by him in the formation of the 
new Administration, and announced the policy intended to 
be pursued by them. The most prominent of the measures 
imnounced was one to deal with public education. 

On 16th September, on motion of Mr, Donaldson, an Ad- 
dreiss of Congratulation was adopted upon the General 
Treaty of Peace, concluded at Paris on 30th March : — 

** To assure Her Majesty that we have learned with joy and satisfaction that 
Her Majesty has been enabled to re-establish Peace on conditions honorable 
to Her Majesty's Crown, and which fully accomplish the grejat objects for 
which the war was undertaken. 

" To express our hope that the Peace which has now been concluded may, 
Cinder the favour of Divine Providence, long continue to shed its blessings on 
ihe world, and that harmony among Governments, and friendly intercourse 
among Nations, may steadily promote the progress of civilization and secure 
the welfare and happiness of mankind/' 

Mr. Rohertson moved the omission of the second and third 
paragraphs in the Address (as above) . The amendment was 
negatived without division. The Address was then adopted 
vOn a division of 36 to 4. 

A resolution was reported on l7th September from Com- 
-j^ittee — " That a sum not exceeding £200,000 be raised by 
the sale of debentures to be expended during the current 
year in the completion of railway works already authorized." 



Governor Denuxm* 263 

On I7tli ScFptember Mr. Hay mored a vote of censure on 
tlie new Administration in the following^ terms : — 

" That, m tlie (^pmion of this Hoase, the formation of the present MinistxT^, 
vnder circomataiices which precluded the prospect of its obtaining the con- 
fidence of the representatives of the people, was calculated to obstruct the 
public business, and is most reprehensible." 

After a debate extending oyer five days, the motion was 
carried by a majority of 26 to 23. 

In this crisis the Governor sought the advice of Mr. Hay, 
who recommended that Mr. Parker, as most likely to con- 
ciliate parties, should be asked to undertake the formation 
of a coalition Ministry. Proceeding with his task, Mr. 
Parker offered both Mr. Cowper and Mr. Donaldson seats in 
the Cabinet The former declined ; the latter accepted. On 
the 3rd October Mr. Nichols announced the formation of a 
new Ministry, as follows : — 

Henry Watson Plurker Premier and Golomal Secretary. 

Stuart Alexander Donaldson ... Colonial Treasurer. 

John Hay Secretary for Lands and Works. 

William Montagu Manning ... Attomey-CreneraL 

John Bay ley Darvall Solicitor-GeneraL 

Edward Deas Thomson Representative in Legislatire Coancil. 

The seats of Ministers were declared vacant, and the House 
adjourned over the Ministerial elections till thfe 28th October. 
Mr. Donaldson was defeated by Mr. John Campbell for the 
Sydney Hamlets, while all the other Ministers were returned. 

A petition was, on 16th September, referred to the Elec- 
tions and Qualifications Committee, who, on 28th October, 
reported that the election of Mr. James Ryan Brenan for 
the South Sliding of Cumberland was wholly void, no poll 
having been taken at Canterbury. 

On 30th October, Mr. Cowper moved, on the ground of 
privilege, a resolution to the effect that the continued absence 
from the House of the Colonial Treasurer (Mr. Donaldson), 
and the withholding of all information on the subject by the 
Government, was at variance with the constitutional prin- 
ciple of Responsible Government. This was negatived, on 
division, by 27 to 11. 

On 5th November Mr. Stuart Alexander Donaldson took 
his seat as Member for the South Riding of Cumberland. 

A Bill was introduced on 7th August, by Mr. Donaldson, 
to repeal so much of the Constitution Act as required the 
concurrence of two-thirds majorities in the Lc^slative Coun- 
cil imd Legislative Assembly, respectively, in the passing of 



264 New South Wales. 

Bills to alter the Constitution conferred by the said Act, or 
the number and apportionment of representatives in the said 
Legislative Assembly. It passed through both Houses, with 
slight amendments, and was reserved for assent on 22nd 
January, 1857. 

On l^th November — a rumour having obtained currency 
that the Moreton Bay District was to be separated from New 
South Wales, with a view to revive transportation thither — - 
the following resolutions were moved by Mr. Parkes, and 
carried without division : — 

'' (1.) That this House, with feelings of sincere and unmingled gratitude, 
recognizes in the act of Her Most Gracious Majesty, by which the transporta- 
tion of British criminals to these Australian Colonies was made to cease and 
determine, the concession of a great and complete measure of justice, which, 
was sought by the unanimous prayers of the colonists, and has been produc- 
tive of general and permanent satisfaction. 

" (2.) That, in the opinion of this House, the compliance of Her Most 
Gracious Majesty with the prayers of the colonists, in the settlement of a 
question so long agitated, while it has confirmed the feelings of loyalty and 
attachment to the Mother Country which happily exist in these communities, 
has led to the most beneficial results, in their vastly improved social condition, 
and their rapid progress in political character and commercial prosperity. 

" (3.) That, in the opinion of this House, any steps on the part of Her 
Majesty's Government to revive the transportation of convicts to the northern 
portion of New South Wedes, or to any part of Eastern Australia or the 
islands adjacent, would be regarded as a breach of faith by the colonists^ 
would create universal disconticnt, and lead to consequences greatly to be 
deplored. 

''(4.) That the foregoing resolutions be embodied in an address to the 
€k>vemor-G«neral, with a request that His Excellency will be pleased to 
transmit them to the Principal Secretary of State, for presentation to Her 
Majesty." 

A Bill to re-establish a Municipal Council in the City of 
Sydney was introduced, on 30th October, by Mr. Parker, 
and having passed both Houses, with amendments, was 
assented to on 18th March, 1857. 

Mr. Donaldson made his Financial Statement on 6th 
November. He justified the course adopted by the Govern- 
ment in submitting the Financial Statement at that particular 
period, and he felt sure that the plan of separating the Ways 
and Means from the Supplies was the proper constitutional 
method. It would be necessary, in order to show clearly the 
present condition of the Colony, to give a brief synopsis of its 
history in the past, especially as for the future (this being 
the first financial year of Responsible Government) these 
matters would be regulated by Parliament alone. Taking the 



Cfovemor Deniaon. 265 

period of the last twenty years, — ^from 1836 to 1866 — ^the 
revenue had increased in that time from £340,533 to the enor- 
mous sum of £1,660,710, and the expenditure from £287,376 
to £1,675,024. The total revenue for the twenty years 
was £11,616,879, and the total expenditure, £11,369,540. 
Statistics of the exports and imports showed the same 
wonderful progression, and he believed that in 1876, — that 
was, at the conclusion of the next period of twenty years — ^an 
equally satisfactory result would be seen. A statement was 
then read, detailing the present debt of the Colony, and 
showing the years in which and the purposes for which the 
money was raised. Prom this it appeared that the Public 
Debt stood at £2,084,700. Another statement showed 
that a large portion of the public works, amounting to 
£731,980 3s. 4d., had, during the last twenty years, been 
paid out of the current revenue. The present financial con- 
dition of the Colony was anything but felicitous. In bygone 
years the expenditure had exceeded the income until it had 
left the country in a very bad state. The deficit at the end 
of 1865, exclusive of the Supplementary Estimate, would 
amount to no less than £120,000. This deficit had not 
accrued during the years 1855-6, but was an accumulated 
debt since 1854. The balance sheet for 1856 was as follows : — 
On the expenditure side, the deficit on 1st January, 1855, 
£65,225 178. 5d.; appropriations voted in 1855 for 1856, 
£1,174,029, or — deducting certain sums which would not be 
required to the extent of £57,000— £1,117,029 ; Supple- 
mentary Estimate, £30,689 14s. 2d. ; sums chargeable on 
loans, £4,181 ; sewerage, £22,235 ; and for waterworks, 
£82,023 6s. 8d., makmg a total of £1,321,383. On the 
other side were the estimated revenue, £1,060,000, and the 
amounts to be raised by loan, viz., £108,439 — thus showing 
an estimated deficiency at the end of 1856 of £152,944. 
This deficiency was carried forward as a charge upon 1857, 
the Estimates for which year he would now submit. The 
expenditure was put down at £1,060,914 ; interest and special 
appropriations, £127,500; chargeable on loans, £563,200; 
sewerage, £60,932 ; waterworks, £103,935. To meet these 
charges there were the estimated revenue, £1,205,907; to 
be raised by loan, £563,200; sewerage, £60,932 ; waterworks, 
£103,935. This would leave a deficiency of nearly £150,000, 
which amount it was proposed to raise by terminable deben- 
tures of a duration of ten years. Taking this sum to the credit 
side of the account, there remained a balance in their favour 



see Nm South Wale9. 

of £14,749. The Goremment had no intention of submitting 
any taxation scheme this Session. With the exception c^ 
an export dnty on gold, and fees for miners' rights, tc^jether 
with a trifling license fee from wholesale spirit dealers and 
bonded storekeepers, the tariff would remain unchanged. 
Mr. Donaldson quoted sereral of Adam Smith's maxima 
upon taxation, and indicated that he would be guided to a 
e^rtain extent by these maxims in framing new tariff pro- 
posals next yeasr. Among the items to be defrayed out of 
the current revenue, independently of loans^ w«e, — interest 
on debt, £120,000; immigration, £123,000; roads and 
bridges, and public works and buildings, £95,000; educa- 
tional purposes, £54,500 ; religion, £42,300 ; charitable 
purposes, £14,600; police, £171,000; military, £43,000; 
gaols and penal purposes, £37,000 ; administration of justice, 
£40,000. It was proposed to raise the sum of £400,000 
upon Government debentures^ to be expended upon railways. 
Some of these debentures would be issued f cht sniiaU amounts^ 
so as to enable the poorer classes to share in the speculation. 
IThis arrangement would not, as had been apprehended, 
interfere in any way with the Savings Bank, which was 
an admirable institution, though somewhat expensively 
managed. It was also proposed to borrow two other sums, 
viz., £130,400, and £32,800 ; the former to pay off a like 
amount of Government debentures falling due in 1857, and 
Ikhe latter to be expended on public works during 1857- 
Mr. Bonaldson then moved that the Speaker leave the Chair 
and the House resolve itself into Committee of Supply. 

A Bill to revive and make perpetual the Party Processions 
Act was passed, and assented to on 9th January, 1857. 

On 11th December, the motion for the resumption of 
Committee of Supply was interrupted by Mr. Jones, who 
moved the following amendment, contingent thereon : — 

'* (1.) That this House is of opinion that it is not expedient to vote any 
increase to the som reserved for Public Worship by Schedule C of the Consti- 
tution Act. 

'^ (2.) That this House is further of opinion that the Government should 
forthwith provide for the gradual extinction of the grant so reserved for 
Public Worship^ by intimating to the four Denominations whose Ministers 
receive support therefrom that, as the livings to which stipends are secured 
snder this grant become vacant, either by the decease or removal of the 
present incumbents, such stipends shall cease. 

*' (3.) That, to carry into e£fect the first resdiution, it be an instruction to 
the Committee of Supply not to vote any sum for Public Worship, as a supple- 
ment to, or in excess of, the amount reserved by Schedule C of the Constitu- 
tion Act"" 



Gonoemor Deniwn^ 2Sfl 

The sections were put seriatim^ the first being negatired 
by 27 to 19, and the second by 26 to 19. The third section 
was withdrawn. The original question was then again 
stated, when Mr. Arnold moved an amendment to the effect 
that the sum to be contributed for purposes of religious 
worship should be voted in the gross, with a view to the 
perfect adjustment of the sums applicable to the different 
Denominations applying for it, in exact proportion to their 
numbers as indicated by the late Census. This was negatived 
by 37 to 4, and the Committee resumed. 

Relative to the separation of the Northern Districts from 
New South Wales, the following resolutions were passed, by 
the Assembly, on 6th November : — 

^* (1.) That this House has learnt with regret that it is the intention of the 
Imperial CrOYemment to fix the southern hoondarj of the proposed new 
Colonj of Moreton Bay at a line south of the 30tk parallel of soath 
latitude. 

''(2.) That as the interests of the various districts proposed to be included in 
the new Colony are not identical, this House is of opinion that, in defining 
the future lK>undary-line of the Colony of Moreton Bay, it is the duty of the 
Imperial GrOTemment to consult the wishes of the sevenJ districts proposed to 
be induded in that Colony. 

^(3.) That while this House does not feel called upon to dispute the ]»o- 
priety of the Imperial Government erecting the districts of Moreton Bay and 
Dariing Downs into a separate Colony, if in accordance with the expressed 
wish of the majority of the inhabitants thereof, it submits that, on the same 
principle, it will be unjust to the inhal»tants of New England and the 
Clarence River to include those districts in such Colony, if averse to their 
being so im^ded. 

'' (4.) That, in the opinion of this House, the interests and commercial con- 
nection of New England and the Clarence Eiver are now, and wiQ continue 
to be, so completely identified with the Colony of New South Wales, and 
distinct from those of the districts of M(»reton Bay and DarKng Downs, that,, 
if the question whether the first-mentioned districts shall be included in the 
new Colony be referred to the inhabitants of those districts, a very large 
majority will be found to be opposed to their being so included ; and, in 
support of such opinion, this House refers to the petition, signed by 1,551 
inhabitants of New England and Clarence River, praying for the establish- 
ment of an Assize Court at Armidale, in which petition they assert that 
they do not desire to be included in any section of the Northern Districts 
which may be separated from the present Colony c^ New South Wales. 

** (5.) That this House requests that the Imperial Government will defer the 
fiinal settlement of the southern boundary-line of the new Colony until the 
opinion of the inhabitants of the districts of New England and the Clarence 
River is ascertained upon the subject. 

^'(6.) That the foregoing resolutions be embodied in an address to the 
Crovemor-General, with a request that His Excellency will be pleased to 
transmit them to Her Majesty's Secretary of State for the Colonies at the 
earliest opportunity.'' 



268 New South Wales. 

On 10th December, in the Legislative Council, petitions 
relative to the dismemberment of the CJolony were adopted, 
praying Her Majesty not to assent to any law by which the 
dismemberment of the Colony, to any extent south of the 
30th degree of south latitude, might be authorized. On 12th 
December a message was sent to the Assembly, requesting a 
free conference with that House, with the view to obtain 
the concurrence of the Assembly in those petitions ; but the 
order of the day for the consideration of this message was, 
on 30th December, dropped, as being in contravention of the 
Standing Orders. 

The resumption of the Committee of Supply on 16th 
December was interrupted by Mr. Parkes, who moved a 
contingent resolution, asserting that the proposed provision 
for Police was excessive, and that it should be reduced by at 
least £70,000. Mr. Plunkett moved the Previous Question, 
which, after debate, was negatived by 19 to 17. Whereupon 
the Committee resumed. 

On l7th December the House xmanimously passed a 
resolution, moved by Mr. Donaldson, to the effect that an 
Address be presented to the Governor, requesting him to bring 
under the favourable consideration of Her Majesty's Govern- 
ment the expediency of making the gold coin struck at the 
Sydney Mint a legal tender m all parts of the British 
Dominions. 

The Speaker, on 19th December, announced the resignation 
of Mr. Parkes for the Electorate of the City of Sydney. Mr. 
Parkes*s seat was then declared vacant. On 30th December 
Mr. William Bede Dalley took his seat. On 2nd January, 
1857, Mr. Plunkett presented a petition against the return of 
Mr. Dalley, and moved that it be referred to the Elections 
and Qualifications Committee. The Committee, on 19th 
Eebruary, 1857, reported in favour of the sitting Member. 

On 16th January, 1857, Mr. Gordon moved : — 

" (1.) That, in the opinion of this House, it is neither expedient nor 
desirable to create any system of Political Pensions in this Colony. 

" (2.) That the Pensions claimed on Political grounds, under Schedule B of 
the Constitution Act, were sanctioned by a legislative authority incompetent 
to deal with a matter of such high constitutional concernment, and in the 
opinion of this House ought to be reconsidei'ed." 

An amendment proposed by Mr. Weekes having been with- 
drawn, at the close of the debate the resolutions were put 
seriatim. The first resolution passed without division, the 
second was negatived by 18 to 12. 



Oovemor Deniaon. 269 

A Despatch was laid before the Legislative Council on 
15th January, 1857, wherein Her Majesty's pleasure was 
signified that all the Members of the Legislative Council and 
the Speaker of the Legislative Assembly should be entitled 
to the titular designation of " Honorable," and should be so 
described in the several Acts and Instruments issued under 
His Excellency's authority. 

On 28th January Sir Alfred Stephen resigned the office 
of President of the Legislative Council. On 27th January 
Mr. Parker acquainted the Legislative Assembly that Mr, 
John Hubert Plunkett had been appointed President of the 
Legislative Council, and moved that his seat in that House 
be declared vacant. Next day, in the Legislative Council, 
Mr. Plunkett was sworn as President of that House. 

The Loan Bill for 1857, introduced on the 17th December, 
1856, by Mr. Donaldson, having passed through the Legis- 
lative Assembly, was, on 20th December, transmitted to the 
Legislative Council ; from whence, on 9th January, 1857, it 
was returned with an amendment. On 23rd January, a 
Message from the Legislative Assembly was read, informing 
the Legislative Council that that House had agreed to the 
amendment made by the Council ; but requesting that its 
agreement to the said amendment (which was merely of a 
verbal nature) might not be drawn into a precedent to 
authorize the Legislative Council to alter or amend in any 
manner whatever any Money Bill passed by the Assembly. 

Relative to this Message, Mr. Johnson, in the Legislative 
Council, on 4th February, moved : — 

*' That this Council haying taken into consideration the Message from the 
Legislative Assembly, received on the 23rd day of January last, upon the 
subject of the amendment made by this Council in the Bill intituled ' An 
Act to authorize the raising of a Loan of one hundred and thirty thousand 
and four hundred pounds upon the security of the Consolidated Bevenues 
of the Colony, to meet a like amount payable in the year 1857, upon 
Debentures to fall due in that year,* — asserts its privilege of amending, all 
Bills sent up from the Legislative Assembly for its concurrence in such 
manner as this Council may deem expedient for the peace, welfare, and good 
government of the Colony, in all cases whatsoever." 

Mr. Deas-Thomson moved the Previous Question, which 
was carried by 11 to 8. Upon the original question then 
being put, Mr. Justice Therry moved an amendment, referring 
the whole subject at issue to a Select Committeee. This was 
lost, on division, by 12 to 6, and the original question then 
passed. 



270 New South Wales, 

Mr, Daniel Heniy Deniehy, on 17th Pebruary, took his 
seat as Member for Argyle, vice Mr. Plunkett resigned. 

The Report from a Select Comniittee on the City Com- 
missioners' Department was submitted to the Assembly on 
3rd February. The Committee concluded their report by 
stating that, without in the slightest degree impeaching the 
character of the Commissioners as honorable men, they 
wished to express the opinion that they w^?e unfit for the 
duties imposed upon them. Mr. Macarthur moved an 
aaiendment on the motion for the adoption of the Report^ 
made by Mr. Jones, on 17th February : — 



*' That this House, while it concurs generally in the Report of the Select 
Oonunittee on the City Commissioners' Department, is of opinion, that not 
only is there no ground for imputation upon the personal diaracter of the 
Commissioners, but that the charge contained in the concluding part of the 
!Report, that they were unfit for the duties for which they were appointed, is 
not borne out by the evidence." 

The amendment was carried on division by 23 to 21. 

On 24th February Mr. B/obertson moved resolutions to the 
effect that all deliberative bodies entrusted with legislative 
functions in New South Wales ought to be elected by the 
people in their primary assemblies. Mr. Macarthur moved 
the Previous Question. This was aflirmed by 27 to 11 ; the 
Original Question was then passed without division. 

A BiU " to regulate the sale of the Waste Lands of New 
South Wales " — ^introduced on 15th January by Mr. Hay — 
was read a second time by 19 to 14 on 11th March, but was 
dropped the same day. 

The Appropriation Bill was passed, and was assented to on 
18th March, as was also the Public Works Loan Bill, and a 
Bailway Loan Bill on the same day. 

A Gold-fields Management Bill was assented to on 11th 
March. 

Parliament was prorogued on 18th March, 1857. The 
Gk)vernor*s Speech on that occasion stated that unavoidable 
delays, consequent upon frequent Ministerial changes, had par- 
tially interfered with the fulfilment of the intentions expressed 
in the Opening Speech. But the Parliament was congratulated 
on the passing of several useful measures. The Constitution 
Act Amendment. Act had been reserved for the signification 



Governor DenUon. 271 

thereon of Her Majesty's pleasure. The Act for the re-estab- 
lishment of the Sydney Municipal Coundl would, it was hoped, 
be justified by the success which might attend the system of 
local government of the city. The Acts for the better man- 
agement of the Gold-fields, and the raismg of a revenue to 
defray the attendant expense, would promote the further 
development of the important measures involved. Until a 
period of sufficient leisure to admit of careful deliberation 
was afforded, it had been considered necessary to postpone 
any general measures relating to the administration of the 
waste lands of the Crown. Bills for the regulation of railways 
and for the general extension of a system of municipalities 
had been laid before Parliament, and these would during 
the recess be open for deliberation and for the expression 
of public opinion. A liberal amount had been granted for the 
promotion of immigration ; the question would during the 
recess engage the attention of the Government, and it was 
anticipated that a system would be devised such as would 
tend to the further encouragement of assisted immigration, 
and lead to the introduction of a steady and continuous supply 
of useful labour. Another subject which deeply concerned 
the weKare of the Colony, and demanded the cordial co-ope- 
ration of every member of the community, was the establish- 
ment of an enlightened and comprehensive system of edu- 
cation. The Government would earnestly endeavour to 
overcome the great difficulties which beset this important 
question. The credit of the Colony was high, and the 
revenue was such as to have rendered it unnecessary to 
resort to any extraordinary increase of taxation. Instructions 
for carrying out the recommendations of the Commission 
of Delegates from the Australian Colonies for the erection 
of additional light-houses on the coasts would be at 
once issued. Arrangements were in a state of active progress 
for the construction of a line of electric telegraph between 
Sydney and Melbourne. This rapid inter-communication 
between the two capitals, in connection with the recent 
establishment of the regular and speedy postal service with 
the parent State, was regarded as a subject of more than 
ordinary congratulation. 

The second Session of the First Parliament assembled on 
the 11th August, 1857. The Governor announced that a 
Bill would be immediately laid before Parliament to increase 
the number of Members of the Assembly, to remove the 



272 New South Wales. 

disabilities to vote arising from change of residence or quali- 
fication, to introduce the ballot, and bring the electoral 
distribution in harmony with the changes among the popu- 
lation indicated by the Census. The Bill would be accom- 
panied by another regulating the proceedings at elections. 
A Land Bill would be introduced which, while preserving the 
good faith of the Crown, would render the acquisition of land 
in fee-simple more easy to all who were likely to bring it into 
profitable use, and thus facilitate the permanent settlement 
and, at the same time, the productiveness of the Colony. One 
of the most important objects of the measure would be to 
augment, without unduly pressing upon any class of the 
community, the means available for public improvement, 
and more especially for those great works of internal 
communication which were so much desired. The Muni- 
cipalities Bill, and a Bill to facilitate and expedite the 
administration of justice in the interior, would be at once 
submitted. The subject of education had received anxious 
consideration; and a measure would be brought forward 
which, while it would not in any way interfere with 
the religious convictions of a single individual, would 
supply adequate means of instruction for the whole com- 
munity. K/Cgulations had been established to facilitate 
the introduction from the United Kingdom of useful 
immigrants under private engagement. Railway man- 
agement would be improved. Contracts had been entered 
into for the extension of a line of telegraph from Sydney to 
Albury. The progress of this work, and of similar ones 
undertaken by the sister Colonies, justified the expectation that 
the galvanic circuit between all the chief cities of Australia 
would soon be completed. The subject of the establishment 
of a Federal Legislature was recommended to the Legislature. 
The Legislative Assembly having asserted the principle that 
all legislative bodies should be elective, it would be necessary 
at the earliest possible period that the constitution of 
the Legislative Council should be considered; a fitting 
opportunity would occur when, by the intended revision 
of the electoral system, the opinion of the country upon 
this fundamental question could be clearly ascertained. 
The recent proclamation of the coinage of the Sydney 
Mint in Victoria would be of great advantage both to 
that Colony and to New South Wales; and it was hoped 
that the Home Government might be induced to make 
current the colonial coin in all parts of the British Empire. 



Oovemor Denison. 273 

Relativej to their financial condition, it was matter for con- 
gratulation that the deficit in the Revenue existing at the 
commencement- of 1856 had been diminished by economy 
and by the improved state of the Public Revenue; and that up 
to the present the authority to borrow any portion of the 
£150,000 placed at disposal to cover the deficit had not 
been availed of. The collection and distribution of the 
duties on goods entering the Colony by way of the river 
Murray had been the subject of correspondence between 
the various Grovemments interested; it was hoped this 
would lead to a temporary arrangement satisfactory to all 
parties, and ultimately to the adoption of one tariiffi of Cus- 
toms dues common to all the Australian Colonies. A BiU 
would be submitted with the view of legalizing the proposed 
arrangement. A provisional agreement had been entered 
into with the Royal Mail Steam Packet Company for a 
monthly postal communication between Southampton and 
Sydney, vid Panama and New Zealand. Should this scheme 
be carried into effect, it would give to the Colonies the 
advantage of a fortnightly postal service with England. 
Severe and unprecedented floods had visited the country, 
but the commercial and monetary state of the Colony was 
sound and satisfactory, and prosperity attended all interests 
in the community. 

The Address in Reply was moved by Mr. Hargrave, and 
on 12th August adopted without division. 

Mr. Arthur Todd Holroyd was elected Chairman of Com- 
mittees. 

On the 14th August Mr. Cowper moved resolutions ex- 
pressing disapproval of the manner in which Ministers had 
advised His Excellency to dispense the patronage of the 
Crown and to construct the Commission of the Peace. This 
was lost after a three days' debate, by 23 to 18. 

On 20th August, Mr. Donaldson made his financial state- 
ment. He said that this was the first Session in which a 
Responsible Government in this Colony had had to review 
a self -devised system of finance. Notwithstanding the 
serious effect upon trade and commerce produced by the 
devastating and disastrous war in which Great Britain was 
engaged at the time when the Colony undertook the control 
of its own finances, no domestic or financial calamity had 
occurred. The detailed statistics of the material progress 
during the past year showed an eminently satisfactory 
s 



274 New South Wales. 

result. Referring to the financial arrangements of 1856 
and 1857, he considered that the point had been reached 
at which indirect taxation of labour, combined with capital, 
should cease, and that any additional taxation should be 
imposed on capital alone. The House had decided to abolish 
ad valorem duties, and it was not desirable to increase 
those levied on articles of necessary consumption. With 
regard to the system of borrowing, he believed the prin- 
ciple of borrowing on permanent instead of temporary 
securities to be a good one. The plan he had adopted, viz., 
to make the debentures issued interminable, and the interest 
on them payable in England, had effected a saving of at least 
2^ per cent. The actual deficit in the revenue was decreased 
in the present year, while the estimated amount of revenue 
was considerably exceeded. The Estimates, the Treasury 
Bill, the Auditor-General's Duties Bill, the River Murray 
Customs Bill, the Public Debt Treasury Bill, and the Cus- 
toms Laws Consolidation Bill were now before the House, 
and, taken in conjunction with the present statement, would 
put Honorable Members in possession of a complete codex of 
the true position of the country. It would be remembered 
that at the time the Government took oflBce there was a 
serious deficiency in the revenue ; and the House had passed 
a Bill providing the means for covering this deficiency 
by loan. Owing to the advancing prosperity of the country, 
there had as yet been no occasion to use the power thus 
given ; but it was still in existence to be resorted to when 
necessary. This contingency, however, he hoped would never 
occur. The estimated deficit at the end of 1856, viz., 
£151,623 4s. 6d., had been reduced by an increase of revenue 
over the estimate to £120,343 14s. 8d., and a saving had 
itlso been effected in the sum voted for the Services of 1857 
to the extent of £30,000, which left the amount of actual 
appropriations for 1857, £1,073,940 15s. 11. The Supple- 
mentary Estimate was £52,757 10s. 8d. These three items, 
therefore — ^viz., the deficit from 1856, the appropriations, and 
the Supplementary Estimate for 1857, amounting altogether 
to £1,247,042 Is. 3d., made the total of the debtor side. 
The total revenue, actual and estimated, was set down at 
£1,222,391 18s. 2d., which left an estimated deficit at the 
end of 1857 of £24,650 3s. Id. The appropriations required 
by the Estimates for 1858 amounted to £1,396,232 4s. 4d., 
out of which £150,500 would be raised by loan, viz., £50,500 
for public works, and £100,000 to pay off debentures falling 



Governor Denison, 276 

due this year. This would leave £1,245,732 4s- 4d. to be 
provided for. Adding to this amount the deficiency from 
last year, and deducting the total sum from the amount of 
estimated revenue and receipts — ^viz., £1,393,400, an estimated 
credit balance remained of £23,017 12s. 7d. In this amount 
of £1,393,400 the sum of £150,000 was included, which wai^ 
authorized by the House to be borrowed to cover the deficit 
of 1857. Respecting the expenditure for the year, a total 
saving of £23,700 had been effected in the various Depart- 
ments by the adoption of a more economical system of 
management. An increase of £20,000 upon the previous 
year's amount was asked for repairs of roads, £35,000 for 
the endowment of Municipal Institutions, and £50,000 for 
education, being £12,650 more than for 1856. The Customs 
revenue for this year was estimated at £515,000. The 
Government proposed to put a tax of lOs. per pound 
on opium. The duty on gold was estimated at £15,000 ; 
miners' rights and business licenses, £10,000; escort and 
conveyance of gold, £1,000 ; Mint receipts, £8,000 ; proceeds 
of land sales, £210,000; rent of lands, £248,000. In explain- 
ing tliis latter item, Mr. Donaldson said that it was proposed 
to consolidate the laws relating to the waste lands ; but he 
would not go into details, as they would be fully dealt with 
in the Land Bill of Mr. Hay. The amount paid for licenses 
was estimated at £60,000 ; postage^ £36,000 ; fines and 
forfeitures, £8,000; fees of office, £30,000; sale of Government 
property, £1,000; reimbursements, £10,000; miscellaneous 
receipts, £5,000; and immigration remittances, £25,000. 
Several detailed statements relative to Treasury balances and 
other accounts were laid before the House; after which, atten- 
tion was drawn to the existing arrangement with the Joint 
Stock Bank, with reference to the disposal of the Exchequer 
balances, which it was proposed to alter by reducing the 
average amount on which interest * should be paid from 
£200,000 to £100,000. The financial measures adopted by 
the Government had proved most successful. The Colony 
of Victoria received three times as much revenue as New 
South Wales, and yet the Victorian Debentures, bearing 6^ 
per cent., sold at 103, while those of New South Wales, 
bearing only 5 per cent., sold at 98, which was in reality a 
much higher price in proportion to the interest. The 
Government did not intend issuing any more terminable 
debentures, unless forced by circumstances to do so ; 
and, with the exception of the duty on opium j no new taxa- 
tion would be imposed. 



276 Neto South Wales. 

The House adjourned on 21st August, on motion of Mr. 
Cowper, who adverted to the shock hon. members had 
received by the melancholy intelligence which had just 
reached them of the total wreck of the ship "Dunbar,* 
and the loss of all on board, including some who were allied 
to at least one Member of that House. 

Mr. Donaldson, on 20th August, introduced a Bill for 
better regulating the receipt and payment of the Public 
B/Cvenues. The second reading of this Bill was shelved on 
27th August, by a motion that it be read a second time that 
day six months, passing, on division, by 22 to 9. 

The second reading of the Light, Navigation, and Pilot 
Board Bill — introduced on 20th August, by Mr. Donaldson — 
was, on the same day, also shelved by a majority of 21 to 15. 

Adverting to the circumstance of these defeats, on 28th 
August, Mr. Parker moved the adjournment of the House, 
in order to afford the Ministry time for consideration as to the 
course they should pursue. When the House again met on 
2nd September, Mr. Parker said that, taking into consideration 
the even balance of parties, the arrears of legislation, and the 
importance of the measm*es before the House, the Ministry 
had decided not to resign till defeated on measures of a more 
distinctive character. The adjournment of the House was 
then moved by Mr. Cowper, but was negatived by 22 to 21. 

Mr. Parker, later on the same evening, moved the second 
reading of the Electoral Bill, — introduced by him on 19th 
August — **to increase the number, amend the distribution, 
and regulate in certain respects the election of Members 
of the Legislative Assembly." Mr. Cowper moved, as an 
amendment, — that the Bill be read a second time that 
day six months. The amendment, after midnight of the 3rd 
September, was carried by 26 to 23, 

On 4th September, Mr. Parker announced the resignation 
of the Ministry, consequent on the rejection of the Electoral 
Bill. 

When the Legislative Assembly met on 8th September, 
pursuant to adjournment, Mr. Flood informed the House 
that Mr. Cowper (who had been sent for on the resignation 
of Mr. Parker) had formed a new Ministry, as follows : — 

Charles Cowper Colonial Secretary. 

Richard Jones Colonial Treasurer. 

Terence Aubrey Murray Secretary for Lands and Works. 

James Martin Attorney-General. 

Alfred Lut^vyche Solicitor-General (Legislative 

Council). 



Governor Deniaon. 277 

Ministers' seats were declared vacant, and the House 
adjourned till 20th October. On its re-assembling. Ministers 
(who had all been re-elected without opposition) were sworn 
in. 

On 20th October the Speaker announced the resignation 
of Mr. Gordon Sandeman as Member for the Moreton Bay 
Electoral District ; also the death of the Hon. George Robert 
Nichols. The seats were then declared vacant. 

Mr. Jones made his Financial Statement on 4th Novem- 
ber, 1857. In moving a pro-forma motion for Supply, 
the Treasurer said that he had adopted, the plan of his 
predecessor in preparing the accounts which were before 
the House. The amount of actual and estimated revenue 
for the year was put down at £1,146,338 8s. 2d., or about 
£24,000 in excess of Mr. Donaldson's estimate. The expen- 
diture, including the deficit, was estimated by Mr. Donaldson 
at £1,247,042, but a further simi of £30,703 for Additional 
Supplementary Estimates would have to be added. A con- 
siderable portion of this last item was for public works and 
for fitting out an expedition in search of the explorer, 
Leichhardt. In the Ways and Means for 1858, a nominal 
increase of £104,000 in the revenue was anticipated, which 
was made up of increases in various departments to the 
amount of £122,000,— less £18,000 decrease in the land 
revenue. The largest items in this increase were matters 
of account only, and would be found charged again on the 
debtor side. The decrease in the land revenue arose from 
the fact that the late Government expected to raise a much 
larger amount from assessments and leases than the newly 
formed Government hoped to do, — the present estimate 
for land sales being in reality larger than the former 
one. The Estimates of Ways and Means and Expendi- 
ture had been framed on the presumption that the 
House would sanction the proposed changes in the land 
laws, otherwise there would remain the sum of £90,000 or 
£100,000 to be provided for in some other way. The pro- 
posed expenditure for 1858 now amounted to £1,299,187 
16s. lOd., or an increase of £53,455 12s. 6d. upon Mr. 
Donaldson's estimate. This additional expenditure was com- 
posed of increases amounting to £148,000, — less decreases, 
£95,000. The increases were — towards the liquidation of 
existing deficit, £16,000; to paying off debentures, £35,000; 
interest, £10,000; railways, £67,000; minor items, £20,000. 
The decreases were — ^postal conveyance, £5,000 ; conveyance 



278 New South Wales. 

of English mails, £4,000; education, £10,000 ; immigration, 
£26,000; municipalities, £35,000; minor items, £16,000. 
Most of these sums, particularly those for education and 
municipalities, were merely postponed until the systems under 
which they were to be expended had been seriously con- 
sidered. In explaining the increased expenditure, Mr. Jones 
said that when the House sanctioned the Loan Act to cover the 
deficiency of 1856, it did so in the belief that at the end of 
the year the amount would be £150,000, and it was also 
understood that the amount should be diminished each year, 
80 that in ten years the whole sum would be paid off. The 
actual deficiency in round numbers came to about £120,000. 
The late Government, however, had not made any provision 
for diminishing it during the present year, but had actually 
increased it by £4,000 or £5,000. The Government would not 
be able to reduce the amount this year ; indeed, rather more 
than £8,000 had been added to it ; but in order to carry out 
the spirit under which the loan was sanctioned, it was proposed 
that it should be paid off in nine years. During 1858, there- 
fore, £16,000 would be set aside for that purpose, which 
woidd leave the balance £112,000. This amount would 
require £14,000 to be paid yearly for eight years to carry 
out the original intention of the House. It was also 
proposed to bring in a BUI for appropriating the sum 
of £50,000 annually towards the liquidation of the public 
debt. To cover the expense of Uailway extensions and 
surveys, a loan of £754,300 was proposed, which, with 
^ the amounts otherwise to be made available, would construct 
70 miles of railway, besides providing the necessary loco- 
motives. The extensions would be — ^from Parramatta to Pen- 
rith, 22 mUes ; Maitland to Singleton, 28 miles ; Campbell- 
town to Picton, 20 miles ; and the cost would average a little 
under £12,000 per nule. The raising of this money it 
was contemplated shoidd extend over a period of two 
years. While speaking of this loan Mr. Jones referred 
to the absence of demand for the Colony's securities, 
both in the English and Colonial markets. There seemed 
to be a strong feeling agaiast interminable debentures, 
which left the Government but two ways of avoiding 
the stoppage of public works — ^first, the issuiag of Exchequer 
Klls, and secondly, appealing to the Banks io£ temporary 
accommodation. The latter mode would be fraught with 
much public embarrassment, if not with danger, whereas 
the former would be both safe and convenient. 



Governor Denuton, 279 

On 22iid October Mr. Cowper introduced a Crown Lands 
Bill. The waste lands of the Colony were therein classified 
under four heads — ^town, suburban, agricultural, and country 
lands. The minimum upset price per acre should be — of 
town lands, £8 ; of suburban, £2 ; of agricultural, £1 ; of 
country lands, 6s. The second reading of the Bill, on 18th 
November, passed by a majority of 36 to 8. In Committee, 
however, on 9th December, a motion by Mr. Robertson that 
the further consideration of the measure be postponed for six 
months was negatived only by the casting vote of the Chair- 
man. This led to the withdrawal of the Bill. 

The Premier then stated the intention of the Government 
to proceed with those measures already advanced to their 
later stages, and then to go to the country, first calling a. 
short Session to pass the Electoral Act. 

Mr. Jones, on 16th December, obtained leave by a majority^ 
of 21 to 20, to bring in a Bill to impose an assessment 
on runs in the unsettled and intermediate districts, and 
to increase the rents of lands leased for pastoral purposes 
within the settled districts. The Bill was read a first time oijl 
the same division ; but on 17th December, an amendment, 
moved by Mr. Holt, postponing the second reading of the Bill 
six months, was carried by 23 to 21. Mr. Cowper thereupon 
moved the adjournment of the House, and on the 18th 
December Parliament was dissolved by proclamation. 

A resolution was moved by Mr. Parker, on 28th October,, 
relative to a Steam Postal Service via Panama, in the f ollow-^ 
ing terms : — 

" That this House having taken into consideration the correspondence laid 
upon the Table on the subject of a provisional arrangement between the 
Government and Mr. Champion Wetton, as Agent for the Royal Mail Steam- 
Packet Company, for the establishment of a Monthly Steam Postal Service, 
between Southampton and Sydney, via Panama and New Zealand, — Resolves, 
That an Address be presented to the Governor-General, requesting that the 
necessary measures be taken for carrying into effect, with as little delay as 
possible, the arrangements provisionally entered into with Mr. Wetton, upon 
the terms and according to the stipulations mentioned in the correspondence." 

The question passed without division. 

On a motion by Mr. Donaldson, Mr. Cowper proposed an 
amendment, declaring : — 

" (1.) That as the postal contract entered into by the European and Austra- 
lian Koyal Mail Company has hitherto been carried out in a very irregular and 
unsatisfactory manner, this House is of opinion that all the penalties should 
be strictly enforced. 



280 New South Wales. 

" (2.) That unless the Imperial Government can be thoroughly satisfied 
that in future the terms of the contract will be faithfully and uniformly 
observed, this House is further of opinion that the contract ought forthwith 
to be annulled/' 

This was carried on 6th November by a majority of 29 
to 3. 

In answer to the resolutions passed by the Legislative 
Assembly on 6th November, 1856, and to the' subsequent 
petition from the Legislative Council, a Despatch from the 
Secretary of State (the Right Hon. Henry I^tbouchere) was 
published in the Government Gazette on 15th September, and 
subsequently laid before Parliament. It stated, with regard 
to the propied separation of the northern districts from New 
South Wales, that the law advisers of the Crown had been 
consulted on two points — viz., the steps which must be taken 
to effect a division of the debt, and the kind of Constitution 
which the Crown would have the power to establish in the 
new Colony under the provisions of the Acts of Parliament 
relating thereto. The boundary which would be adopts 
would be a Ime commencmg at Cape Danger, following the 
division of the districts of Clarence River and Moreton Bay 
until that division coincided with the ridge dividing the basins 
of the Richmond and Clarence Rivers; thence along the 
watershed between those basins until it reached the 29th 
degree of S. latitude; thence along that parallel till it 
reached the meridian of 141 degrees — with power to the two 
Governments to define more accurately and thereafter to 
modify the boundary. As to the division of the debt, the 
final settlement of the question was confidently left in the 
hands of the Legislature. The division must, when made, be 
embodied in an enactment of the New South Wales Legis- 
lature. The law advisers had pronounced that the Constitu- 
tion of the future Colony must be generally similar to that 
established in New South Wales. The new Legislature 
would, as in New South Wales, have the power of altering 
its own Constitution. A project, however, would have to be 
drawn up for the division of Moreton Bay into electoral dis- 
tricts ; and also to inform him (the Secretary of State) of the 
number and names of such persons as could be recommended 
to Her Majesty's choice as members of the future Legislative 
Council. 

The subject of Australian Federation was brought before 
the Legislative Council by Mr. E. Deas-Thomson, who, on 
19th August, moved for a Select Committee on the question. 



Governor Denison. 281 

The Committee reported on 20th October, and recommended 
a meeting of delegates from the Legislatures of the four 
Colonies of New South Wales, Victoria, South Australia, 
and Tasmania, with a view to devise a plan of a General 
Assembly for all the Colonies. The following resolutions by 
Mr. Deas-Thomson, founded on the B/eport, were passed 
unanimously on 6th November : — 

'' (1.) That it is expedient that a Federal Assembly should be established, 
invested with the necessary power to discuss and determine all questions of 
an Intercolonial character, arising in the Australian Colonies generally. 

" (2.) That the best means of originating a Federal Assembly would be by 
inviting a Conference of Delegates from the respective Colonies, to which will 
properly belong the duty of det-ermining upon a plan of Union ; and for this 
purpose, that the L^islatures of Victoria, South Australia, and Tasmania 
should be requested to select three delegates each — one of whom might be a 
member of Council and two members of Assembly — to meet three delegates 
from this Colony, to be similarly appointed. 

'' (3.) That these delegates, assembled in Conference, be empowered to pro- 
pose a plan of Federation, to be afterwards submitted for approval to the 
Legislatures of the respective Colonies. 

" (4.) That the expenditure incident to the Conference should be borne by 
the respective Colonies, in whatever proportions may be fixed by the Con 
ference itself. 

" (5.) That the Conference should hold its meetings in whatever place the 
majority of the delegates may determine ; their decisions being interchanged 
in writing within a month of their elections being completed." 

On 13th November a Message from the Legislative Council 
was read in the Legislative Assembly, transmitting a copy 
of the Resolutions, inviting its concurrence therein, and 
requesting a conference with the Assembly on the subject of 
Federation. The CJonference was held on December 9 ; but 
further progress in the matter was stopped by the Prorogation. 

The resignation of Mr. John Bayley Darvall was announced 
in the Legislative Assembly, on 27th November, by the 
Speaker; and on the motion of Mr. Cowper his seat was 
declared vacant. On 15th December Mr. Thomas Whistler 
Smith took his seat as Member for the North Riding of 
Cumberland, vice Mr. Darvall, resigned. 

A Treasury Bills Bill passed through the Assembly ; was 
returned by the Council without amendment; and was 
assented to 18th December. 

The general election having taken place, the Second 
Parliament assembled on the 23rd March, 1858. Sir William 
Westbrook Burton was appointed President of the Legislative 
Council (succeeding Mr. Plunkett, resigned) ; and Sir Daniel 
Cooper was unanimously re-elected Speaker of the Assembly. 



282 New South Wales. 

Some changes had taken place during the recess in the tjom- 
position of the Ministry. Mr. Jones and Mr. Murray retired, 
and, on 4th and 13th January, were succeeded by Mr, R. 
Campbell as Colonial Treasurer and Mr. John Robertson as 
Minister for Lands and Works, respectively. 

On 24h March the Governor (Sir William Denison) 
delivered the Opening Speech. The chief measure of the 
Session would be a BiU to amend the Electoral law, 
by which it was intended to provide for the equitable 
distribution of the Members, to enlarge their number, 
and to place the suffrage of the electors upon a simple 
and an extended basis. When an amended Electoral 
Law should have been passed, the question of the constitu- 
tion of the Legislative Council would, it was hoped, receive 
early and careful attention. The question of a Federal 
Legislature was still under discussion ; but this subject might 
without inconvenience be deferred for future consideration. 
In accordance with a desire generally expressed, legislation 
with reference to the public lands would be deferred till after 
a Parliament had been chosen under a new Electoral law. 
This important subject had nevertheless occupied attention, 
and steps had already been taken to facilitate the survey and 
sale of the Crown Lands, and to provide for the more speedy 
settlement of the waste and unoccupied lands of theh- vast 
territory. The want of an additional Judge was daily felt. 
He had intended to send the troops in New South Wsdes to 
India. It was also proposed to detach the Company of Artil- 
lery for a time, to assist in quelling the disturbances in India, 
and that a number of horses to remount the battery should 
be provided at the expense of the Colony, in order to show the 
sympathy of the people of New South Wales with their fellow- 
countrymen in the East. Inasmuch as this had been rendered 
unnecessary he would not now do so ; but the 77th Regiment 
would be sent to Hongkong. The very irregular manner in 
which the Mail Service had been carried out by the European 
and Australian Mail Company had rendered it necessary for 
the Parliament to consider whether steps should not be 
taken for vacating the present contract, with a view to the 
adoption of some satisfactory arrangement for the con- 
duct of the Postal Service between the Colony and Europe. 
Under the Assisted Immigration B/egulations many desirable 
additions were being made to the population. In view 
of the continued influx of Chinese, it was deemed 



Governor 2)eni9on. 283 

adyisable that that kind of immigration should be 
regulated by law ; and the Government proposed to introduce 
a Bill to levy a tax upon each Chinaman on landing in the 
CSolony. The revenue during the first two months of the 
year had not suffered any material reduction as compared 
with 1867 ; and it was anticipated that the estimated amount 
for the remainder of the year would be realized. Although 
the expenditure would be reduced beyond what wa& con- 
templated when the Estimates were prepared, a deficit 
in the Ways and Means would have to be provided for to 
cover the ordinary expenditure for the year. An additional 
amount of revenue would therefore have to be raised; 
and the most legitimate source of such provision would 
appear to be from the tenants of the Crown Lands. The 
Assessment Act having expired, there was no law in force 
for levying any charge for the Occupation of Lands beyond 
the settled districts, exclusive of the license fee demanded 
under the Orders-in-Council. A Bill would be submitted 
authorizing the collection of an assessment to an equitable 
amoimt. The chief financial difficulty of the Government 
had reference to the amount required to defray the cost of 
Public Works, for which purposes loans had been sanctioned, 
under Acts passed by the Legislature. The difficulty had been 
mainly created by the unsaleable character of Interminable 
Debentures which were issued during the earlier part of 1857. 
Owing, too, to the monetary difficulties in the mother 
country, the Government had been unable to negotiate any 
loans, or to dispose of any considerable amount of Treasury 
Bills the issue of which was authorized by the Parliament 
during the previous Session. There was ample ground for 
believing that by a total revision of the system of taxation, 
and by including within the tariff some articles upon which 
duty was not then levied, a much larger revenue might be 
raised for the purposes of Government without being felt at 
all oppressive. Gftiere were abundant indications to justify 
the expectation that New South Wales would eventually 
assume a high if not a leading position in the Australian 
Calaniea. 

The Address in Beply, moved by Mr. Owen, was adopted 
without division, 

Mr. Arnold was elected Chairman of Committees for the 
Session by a majority of 26 to 15 over Mr. Owen, the other 
candidate proposed. 



284 Neto South Wales. 

Mr. Campbeirs Financial Statement was made on 7th April, 
1858. He said that the papers laid upon the table were 
almost identical with those which were submitted by 
his predecessor, the only material diflference being that 
the deficit on 1st January, 1858, was now shown to be 
£95,665 5s. 6d., instead of £128,544 4s. 2d., as formerly 
stated. The estimated expenditure for 1858, including 
£35,000 for the payment of Debentures, and £66,800 for the 
working of Railways, was £1,266,238 8s. 6d., thus showing a 
considerable reduction upon the previous Estimate. This 
was caused by the removal of the Military, a large decrease 
in the Railway disbursements, and some small reductions 
in the Postmaster General's Department. The sum of 
£140,000 was provided for the payment of interest on Deben- 
tures, but as all the loans had not been realized, the amount 
would probably not exceed £120,000. The details of the 
proposed expenditure were then read, from which it appeared 
that the withdrawal of the Military would necessitate an 
augmentation of the Police Force, and, consequently, increased 
expenditure in that department. The expenditure for the 
Administration of Justice did not include the salaries of the 
Judges. Referring to the Loan Account, it was proposed to 
raise £797,000 by loan, viz., £732,000 for Railways and 
£65,000 for Debentures falling due. Mr. Campbell read a 
letter from the Chief Commissioner for Railways, showing 
that the expenditure on the Railway lines had decreased while 
the income therefrom had increased. The reduction in the 
deficit on the 1st January, 1858, from £128,644 4s. 2d. — the 
amount estimated by the late Treasurer — ^to £95,665 5s. 6d., 
was the result of revenue received over and above the 
estimate. The amount of appropriations for 1857 was 
£1,103,940 15s. lid., from which £30,000 would be deducted 
for sums not likely to be required. The deficit of £95,000 
being provided for by the authorized loan, there remained only 
the estimated expenditure for 1858 — viz., £1,266,238 8s. 6d., 
to be charged upon the revenue for the year. Under existing 
laws the revenue for 1858 was anticipated to reach 
£1,233,561 ; but, a larger sum being required, a proposition 
for an assessment on stock would be brought before the 
House. By this means it was expected to raise an additional 
£114,000; but the measure would be only temporary, 
and would cease upon the passing of a comprehensive Land 
Bill. On the 1st January, 1858, there was a cash balance of 
£81,322 lis. 6d. on the Consolidated Revenue Fund. No 



Governor Denison. 285 

new taxation would be proposed, as that would form one 
of the first duties of the new Parliament. In view of the 
extensive Public Works of the Colony, it was thought requisite 
that a Bank of issue should be established, and a method 
would shortly be devised by which absentee proprietors would 
be made to contribute their fair proportion to the revenue. 
The public debt of the Colony on 31st December, 1857, was 
£2,306,350, of which £1,100,000 had been expended on 
Railways. This was not a sum which need alarm honorable 
members. Mr. Campbell then moved a pro-forma motion 
for Supply. 

A Message from the Governor (in accordance vnth. the 
terms of a Despatch from the Governor of India, requesting 
that such troops as could be spared from the Australian 
Colonies might be forwarded thither) was read to the Assembly 
on 7th April. Confiding in the assurances conveyed in their 
late Address, the Governor did not hesitate to apply to the 
Legislative Assembly to make provision for the purchase of 
the horses required, in order to enable the Company of 
Artillery proposed to be detached to take the field at once 
on landing at Calcutta. 

Mr. Thornton, on 13th April, relative to this proposed 
dispatch of the Artillery, moved : — 

"1. That it is the opinion of this House that the Despatch of the 
Govemor-Gleneral of India does not urgently require that the Company of Royal 
Artillery at present stationed in Sydney should be sent to India ; and this 
House is also of opinion that the withdrawal of this force at the present time 
would leave our expensively constructed fortifications unmanned and useless, 
and this city in a defenceless position. 

" 2. That, for the foregoing and other grave reasons, the removal of this 
force as contemplated, would be inexpedient and injudicious." 

The resolution passed by 27 to 21, the Ministry voting with 
the minority. 

The Speaker, on 15th April, reported that he had pre- 
sented the Address, and that His Excellency had answered 
to this effect: He regretted that the Assembly should so 
soon have entirely altered its opinion as to the policy of 
affording assistance to their countrymen in India. Confi- 
dent in their acquiescence, he had communicated to the 
Secretary of State and to the Governor-General of India 
the nature and amount of assistance to be expected; and 
he was deeply grieved that the Legislative Assembly, after 
according an unqualified approval of the course adopted by 
the Government, had shown every disposition to withhold 



286 New South Wales. 

that aid which the Government and the Military authorities 
were alike convinced might he afforded. Whatever might 
be the opinion of the Legislative Assembly, he assured the 
House that the services of the Company of Artillery were 
urgently required in India. He thought too highly of the 
inhabitants of Sydney to participate in the apprehension that 
the departure of 100 artillerymen would leave the City 
defenceless; neither was he of opinion that, in a time of 
profound peace, it was necessary to retain in idleness a force 
which might be usefully employed elsewhere. As, however, 
the Assembly had expressed an opinion that their removal 
would be injudicious, that portion of the military force might 
be allowed to remain in Sydney, pending further advices from 
India. 

Next day, as a question of Privilege, Mr. Thornton moved 
for a Select Committee to take this Answer into consideration. 
The Committee on the following day brought up their 
Report, the consideration of which was entered into on 21st 
April. The same day, in Committee of the Whole, a reply 
was agreed to, after a long debate, to the effect : That the 
Assembly regretted that His Excellency should have been 
advised to express himself in terms calculated to impair the 
cordiality which should subsist between the several branches 
of the Legislature ; and that there was neither justice nor 
correctness in the imputations that the House had altered 
its opinion, and had shown every disposition to with- 
hold that aid which the Government and the military 
authorities were alike convinced could be advantageously 
afforded. The Reply was adopted by the House on a 
division of 28 to 13, the Ministry voting with the minority. 

As it seemed probable from this circumstance that the 
Ministry would resign, Mr. Parkes moved a vote of confidence 
in the Administration, which was carried by a majority of 29 
to 15. 

Certain correspondence having reference to the removal of 
Mr. Plunkett from the Chairmanship of the Board of 
National Education was, on 25th March, laid before the 
Assembly. The Board over which Mr. Plunkett presided 
were authorized to make rules, by-laws, and regulations, to 
be published one month from the date thereof in the Govern- 
ment Gazette. The New South Wales Board worked upon 
the principle of the Irish schools conducted under Lord 
Stanley's system. There were two classes — ^the vested and 



Governor Denison. 287 

non- vested — the former being the property of the Board, the 
latter belonging to individuals or Societies, but receiving 
conditional assistance from the Board. The New South 
Wales Board had hitherto extended aid only to vested schools, 
but, acting on the suggestion of Mr. Wilkins, the Inspector, 
drew up a code of rules bringing the non-vested schools 
within the scope of their operations. These were transmitted 
to the Chief Secretary with a view to being published in the 
Gazette^ and laid before Parliament according to law. The 
Board, finding that the publication of the regulations had 
been delayed, that their communication to the Chief Secretary 
had been unanswered, and that the prescribed period of a 
baonth was passing away, requested their Chairman to write 
again to Mr. Cowper, which he did. The Colonial Secretary, 
in reply, "deemed it desirable that the rules alluded to 
should not be published until an opinion had been elicited 
from Parliament, whether or not the schools in question would 
receive the approval of the Legislature." He added that the 
Government did not consider the rules to be of a character con- 
templated by the Act incorporating the Board. Mr. Plunkett 
rejoined that the members of the Board were answerable to 
Parliament in this matter ; and that they could not be guided 
in the exercise of their duty by the individual opinion of 
the Colonial Secretary, whether in framing these rules or 
giving them publicity by the mode required in the Act. If, 
therefore, their publication in the Gazette were withheld, this 
breach of the law would not rest with them. The Under- 
Secretary replied, that the Government considered the 
Commissioners had exceeded their powers by making the 
rules and regulations in question ; that the matter would be 
submitted to Parliament for consideration soon after it 
assembled, and that the regulations would be inserted in 
the Gazette as a notification by the Board. Mr. Plunkett 
replied that "he was in doubt as to what individuals 
were included in the word * Government'" — it being 
generally understood that several offices were still vacant — 
" therefore he might be pardoned for not attaching much 
weight to the deliberate opinion of the Government on the 
rules in question, more particularly when he recollected the 
hostility which the present Colonial Secretary had uniformly 
evinced towards the system of education which the Legisla- 
ture had entrusted to the Board." In January Mr. Plunkett 
published all the correspondence in the Sydney papers. On 
the 6th Pebruary following Mr, Plunkett received a letter 



288 New South Wales. 

announcing that, after a calm and deliberate consideration 
of all the bearings of the case, the Government were reluc- 
tantly forced to the conclusion that it was their duty, under 
the circumstances, to dispense with his services as a Com- 
missioner of the Board of National Education. Mr. Plunkett 
thereupon resigned all the other offices he held under the 
Government, including that of President of the Legislative 
Council, also his seat as a Member thereof. 

On the 23rd April, in the Legislative Assembly, Mr. James 
Macarthur moved resolutions affirming that the Executive 
had taken an erroneous view of the law, and that Mr. Plunkett 
should be at once restored to his position as Chairman of the 
Board. The debate extended over several days, and was termi- 
nated on 28th April, when Mr. Macarthur's resolutions were 
negatived by 29 to 22 ; and amendments, severally proposed 
by Mr. Parkes and Mr. T. W. Smith, having been amal- 
gamated, were carried, as follows : — 

" That this House desires to record its deep regret at the removal of Mr. 
Plunkett fi*om the Chairmanship of the Board of National Education, and 
feels called upon to express a hope that such steps may be taken as will enable 
the Government to restore him to a |K>sition in which he has already rendered 
such eminent services to the cause of Education in this Colony ; and this 
House further desires to record its opinion that the Commissioners for 
National Education have authority, under their Act of Incorporation, to make 
such rules and regulations as those transmitted in their letter of t<he 18th 
December, 1857, to the Colonial Secretary, for publication in the Government 
Gazette, and that, in this respect, they did not exceed their powers.'* 

A Congratulatory Address upon the marriage of the Prin- 
cess E/oyal was adopted by both Houses on 5th and 6th May 
respectively. 

On the 5th May it was resolved to adjourn the proceedings 
of both Houses out of respect to the memory of Sir Charles 
Fitz Roy, the intelligence of whose death had just reached 
the Colony. 

A Bill to amend the Electoral law was introduced by 
Mr. Cowper, and read a first time on 30th March. It 
proposed to increase the number of members from fifty-four 
to sixty-eight. Twelve members were allotted to the pastoral 
districts, fourteen to the metropolitan police district, nine to 
the inland towns, twenty-eight to the settled districts, and 
five to mixed electorates. The city of Sydney was divided 
into four electorates, with eight members ; the police districts 
were made the bases of the electorates ; the franchise was 
extended to every adult male of six months' residence in any 



. Governor Denison. 289 

electorate ; the salary qiialification was abolished ; and vote by 
ballot was introduced. 

The second reading of the Bill was moved by Mr. Cowper 
on 6th May, and occasioned a long debate, extending over 
several days, Mr. James Macarthur proposed an amendment 
postponing the second . reading till a measure for the recon- 
struction of the Legislative Council had been introduced. 
This was lost by 36 to 14, and the motion for the second 
reading was carried by a similar majority. In Committee, 
the city of Sydney was divided into two districts only, the 
number of members was increased to eighty, the additional 
twelve being distributed over the country districts, — these 
were the principal changes made by the Assembly. In the 
Council several amendments were inserted, to which the 
Assembly agreed, and on 24th November the Bill was 
assented to. 

A Bill to regulate Chinese immigration was introduced on 
8th April by Mr. Cowper ; passed its second reading on 20th 
May, by 23 to 11, and its subsequent stages in the Assembly. 
It proposed the imposition of a tax of £3 on each Chinese 
arriving in the Colony. In the Legislative Council, on 28th 
July, the Bill was referred to a Select Committee. The 
Report, submitted on 16th September, suggested certain 
amendments in the Bill. Dr. Douglass, on 29th October, 
moved the adoption of the Report. An amendment by the 
Solicitor- General, that the Bill be read a second time, was 
negatived by 17 to 4. The Bill was therefore laid aside. 

Certain resolutions regarding retrenchment in the public 
expenditure, made by Mr. Parkes on 20th April, were nega- 
tived by 25 to 19. An amendment by Mr. Cowper referring 
the subject to a Select Committee was then passed. On 
29th October the Committee reported that the importance and 
extent of the subject, the incomplete state of the inquiry, 
and the advanced period of the Session, rendered the comple- 
tion of the consideration of the subject impossible. Its 
resumption in the ensuing Session was therefore recom- 
mended. 

Mr. Donaldson, on 21st May, moved resolutions stating 
the condition of the postal service between New South Wales 
and Great Britain was most unsatisfactory; that it was desir- 
able that an effort should be made to establish such a service 
between Sydney, Panama, and the Mother Country ; and that 



290 New South Wales. 

the Cunard line of steamers aflforded an advantageous open- 
ing for the extension of the line between Panama and Sydney. 
The question passed without division. 

An address of thanks to Her Majesty was adopted by both 
Houses of Parliament, on 4th and 6th June respectively, 
acknowledging the honour conferred on the Colony by the 
declaration that the degrees granted by the Sydney Univer- 
sity were entitled to the same rank, precedence, and con- 
' sideration as degrees granted by any University of the United 
Kingdom. 

Mr. Cowper, on 9th June, announced the death of Sir 
Ralph Darling, and moved that out of respect to the memory 
of the former Governor of New South Wales the Assembly 
adjourn. The House adjourned accordingly. 

On 6th July Mr. Martin informed the House of the death 
of the Venerable Archdeacon Cowper, and of the necessary 
absence from the Assembly of his son, the Colonial Secretary. 
Adverting to the high esteem in which the late Archdeacon 
was held by the public he moved the adjournment of the 
House for a week. The House adjourned accordingly. 

A fatal railway accident which occurred on 10th July, 
whereby two persons were killed and others more or less 
seriously wounded, created great consternation throughout 
the Colony. On 14th July, in the Legislative Assembly, 
Mr^ Donaldson moved for a Select Committee to inquire 
into the causes of the accident, which had occurred near 
Haslem's Creek, on the Great Southern Railway. A Itoyal 
. Commission was also appointed for the same purpose. It 
consisted of Captain Denham, Professor Pell, and Mr. E. O. 
Moriarty, who brought up their final report on 16th Sep- 
tember. They found that the railway between Sydney and 
Parramatta was defective in many respects, and that the 
rails laid down were not of the form which secured the 
greatest strength with a given quantity of metal. In the 
conduct of the traffic all the usual precautions had been 
adopted, and no alteration was required in the code of 
signals or in the general regulations. The Select Committee 
of the Assembly brought up their final report on 12th August. 
They suggested that to ensure the safety of all who travelled 
by rail every precaution adopted on the railways in Great 
Britain should be at once put in force in New South Wales. 



Goverfior Denisan. 291 

On 6th August Mr. Parkes moved the following resolu- 
tions on the subject of steam conmiunication, which the 
House adopted, by a majority of 27 to 9 : — 

'* (1.) That the experience hitherto gained of steam oommunication between 
Australia and England, via India, has led to general disappointment and dis- 
satisfaction in this Colony. 

"(2.) That any new arrangement for the performance of the mail service by 
the India route, though it ensured postal regularity and speed, would confer 
no other considerable benefits on New South Wales, while it must necessarily 
place this community, as the last point of intercourse in the Australian 
system, at a permanent disadvantage in relation to the Southern Colonies. 

" (3.) That it is in the highest degree necessary that immediate steps should 
be taken to prevent the public inconvenience and injury which would result 
from a total stoppage in the mail service, with which the Colonies are at 
present threatened ; and that the interests of New South Wales would be 
•best promoted in this emergency by opening oommunication with America 
and Europe, via the Isthmus of Panama. 

'' (4.) That there are reasonable gi*ounds for believing that a line of steamers 
of the requisite power and capacity, running between Sydney and Panama, in 
addition to the advantages of regular postal communication, would induce a 
spontaneous and valuable passenger traffic to these shores, from the large 
numbers of persons constantly arriving on the Isthmus from the United 
States, British North America, and the West Indies, as well as iroi^ the 
countries of Europe, and from the communities of Anglo-American origin on 
the Pacific. 

^' (5.) That in coming to a right determination on this subject, the question 
of cost is not the first for consideration, but that the efficiency of the service 
to be performed should be secured beyond probability of failure, and that 
especial regard should be had to those social and commercial consequences 
which would tend most to the progress and prosperity of the Colony of New 
South Wales. 

" (6.) That in any future contract for the mail service, it is not for the interest 
of New South Wales that the Imperial Qovemment should make any arrange- 
ment binding upon this Colony without previous reference thereto. 

'' (7.) That an Address embodying the foregoing resolutions be presented to 
the Governor-General, praying that His Excellency will be pleased to bring 
the subject under the early consideration of the Executive Government." 

Certain issues of money were stated by the Government to 
have been made out of the Consolidated Revenue Fund by 
• the Colonial Treasurer without Parliamentary sanction, and 
upon the warrant of the Governor- General alone. A resolu- 
tion condemning such a course as highly improper was moved 
on 6th August by Mr. Donaldson. This was amended, on 
motion of Mr. Jones, as follows : — 

" That the power of appropriating the revenue of the Colony, which belongs of 
right and by law to the Legislature, cannot be exercised in its integrity and 
with benefit to the countiy except before the expenditure of such revenue : 
This House is, therefore, of opinion that the practice which, under peculiar 
circumstances, has recently obtained, of expending public moneys which have 
not first been appropriated by the Legislature should in future be avoided " — 

and was then passed without division. 



292 New South Wales. 

A resolution approving the principle, in view of the mag- 
nitude and importance of the undertaking, of the construc- 
tion of railways under special agreement bet^Yccn the 
Government and any contractor, was passed without division, 
an amendment by Mr. Parkes having been embodied in the 
original resolution by Mr. Cowper. 

The constitution of the Legislative Council was debated 
on 17th August, when Mr. Parkes moved that the House 
reafi&rm the resolution passed by the late Legislative 
Assembly, "That all deliberative bodies entrusted with 
legislative functions in the Colony ought to be elected by the 
people.'* The question having been amended thus — 

" That in the opinion of this House the Legislature of the Colony ought to be 
composed of two Houses, both elected by the people " — 

passed without division. 

The resignation of Mr. Henry Parkes was announced by 
the Speaker on 31st August; and on the 14th September 
Mr. John Hubert Plunkett succeeded him as member for the 
^orth Riding of Cumberland. 

On 8th November Mr. Martin, the Attorney-General, 
retired from the Ministry. On 11th November Mr. Cowper 
stated that the vacant office had been filled by Mr. Lutwyche, 
late Solicitor- General ; but that Mr. Martin had not retired 
in consequence of any legal or political difference with the 
Ministry. On 16th November the office of Solicitor-General 
was accepted by Mr. W. B. Dalley, whose seat was thereupon 
declared vacant. On 25th, having been re-elected, Mr. Dalley 
took his seat as Member for Cumberland Boroughs. ' 

• In response to a Despatch from the Home Government 
inquiring whether the Government of New South Wales 
would be inclined to entertain a proposition for increasing the 
military force, a resolution affirming the expediency of so 
doing was passed on 18th November, on motion of Mr. 
Cowper. 

The Committee on 19th May brought up a Report embody* 
ing certain resolutions in reference to the petitions of Mr. T. 
G. Rusden against the return of Mr. Abram Orpen Moriarty, 
as Member for New England. On 4th June Mr. Scott moved 
that as the petitioner had not complied with the requirements 
of the Electoral Act in regard to any one of the said petitions 
the House could not deal with them ; and that the resolutions 
by which they had been referred to the Committee be 



Oovemor Deniaan. 293 

Tescinded. During the long debate which followed Mr. 
B/Usden was heard at the Bar of the House. On 11th June 
the debate terminated, when the question passed by 15 to 9. 
On 14th October Mr. Moriarty resigned his seat for New 
England. 

A Bill to impose an Assessment on Runs in the unsettled 
and intermediate districts, and to increase the rent of lands 
leased for pastoral purposes within the settled districts of 
New South Wales, was introduced on 12th August by Mr. 
Bobertson. The Bill passed through both Houses; assent 
thereto was reported on 11th November. 

A Bill to make more effectual provision for the construc- 
tion, by the Government, of railways in New South Wales, 
and for the regulation of the same, introduced by Mr. Cowper 
on 24th March, passed ; and was assented to on 24th 
November. 

A BUI for the purpose of enabling the Government 
to raise a loan towards meeting certain Land and Immigra- 
tion Debentures was introduced by Mr. Robert Campbell 
(Colonial Treasurer) on 2nd June ; passed on 24th June ; was 
returned from the Legislative Council without amendment 
on 1st July; and assented to on 21st July. A Railway 
and other Public Works Loan Bill, introduced on 1st Sep- 
tember by Mr. Campbell, passed; and was assented to on 26th 
November. Mr. Robertson (Minister for Lands), on 2nd 
September, introduced a Crown Lands Alienation Bill ; but 
during the discussion on its second reading, on 16th Septem- 
ber, the House was counted out, and the Bill therefore lapsed. 
The Appropriation Bill, having passed both Houses, was 
assented to on 26th November. 

A Bill for establishing postal communication with Great 
Britain, via Panama, providing for a subsidy of £50,000 per 
annum for the survice ; half the cost to be borne by the 
British Government ; sub-arrangements to be made with the 
other Australasian Colonies, was introduced by Mr. Cowper 
en 23rd September. It passed both Houses, and was 
assented to on 2nd November. 

Parliament was prorogued on 26th November. The Gov- 
ernor congratulated the Parliament on the passing of the 
Bill for the Amendment of the Electoral law. The Bill 
&r the establishment of District Courts would prove very 
beneficial in its results ; as would also that for establishing 



2M New South Wales. 

Muaicipal institutions. Since he had last addressed the 
Parliament the completion of the line of Telegraph as far as 
Alhury had imited New South Wales with the sister Colonies 
of Victoria and South Australia. With the means placed 
by Parliament at the disposal of Government, the western and 
northern districts would shortly enjoy equally with the 
southern districts and the metropolis the great advantages 
afforded by this system of intercommunication. Steps were 
also being taken for further railway extension towards 
Bathurst, as well as in the southern and northern districts. 
The Government hoped that parties of high character and 
ample means for the prosecution of such enterprises might be 
induced to enter on an arrangement for constructing, on a 
comprehensive scale, the main lines of railway throughout 
the Colony. The subsidy guaranteed for the estabUshment 
of steam communication with England, via Panama, was an 
assurance of the anxiety of Parliament for its accomplish- 
ment ; and there was reason to hope that the co-operation of 
the Imperial authorities would not be withheld. The revenue 
was progressively increasing, and with the addition made 
to it by the operation of the Assessment Act sufficient provi- 
sion would be made for the exigencies of the Gtjvemment. 
The Gold-fields returns had been highly encoiu^ging, and by ' 
the additional facilities given by the Regulations lately 
issued there was reason to believe that those who devoted 
themselves to that industry would be rewarded for their 
perseverance. In thanking Parliament for the supplies voted 
the Governor expressed regret that from circumstances 
beyond their control the Government were compelled to 
anticipate the sanction of the Legislature, in order to keep 
faith with the public . creditor and to carry on the Pubhc • 
Service. The Government had continued to direct their 
efforts to meet the demand for allotments of land both in 
town and country, and to afford additional facilities for the 
sale of Crown Lands. The report of an alleged discovery of 
rich gold-fields on thePitzroy River, KeppelBay, had created 
considerable excitement ; and owing to the large numbers 
attracted thither from Sydney and Melbourne the Govern- 
ment felt called upon to provide promptly for the peace and 
good order of the new population. The sanguine anticipa- 
tions of the gold-seekers had been disappointed, and a reaction 
had taken place. The district, however — possessed of a noble 
river, rich land, and a favourable climate — ^must become a 
floTu*ishing settlement. 



Gaoemor Denuon. 295 

The Second Session of the Second Parliament assembled on 
8th December, 1858. Mr. James Hart took his seat for 
New England, in room of Mr. A. O. Moriarty. 

On the 9th His Excellency Sir William Denison delivered 
the Opening Speech. He regretted that the exigencies of the 
Public Service should have compelled him after so short an 
interval to call the Parliament together. It was, however, 
of paramount importance that the supplies for 1859 should 
be voted prior to the commencement of that year. The 
Estimates would be submitted forthwith. Some reductions 
had been made, and as to proposed additions made with a 
view to the efficiency of the Public Service the expenditure 
was estimated at the lowest possible rate. Conceiving it 
right that all further legislation should be confided to the 
Parliament elected under the new Act lately passed, he 
would submit no measure to interfere with the great con- 
stitutional object for which they had been summoned, and 
the accomplishment of which was confidently committed to 
their discretion. 

The Address in Reply, moved by Mr. Hart, was adopted 
without division. 

Mr. William Munnings Arnold was elected Chairman of 
Committees for the Session. 

On 21st December Mr. Cowper made his Einancial State- 
ment. In moving a pro forma motion for supply, he said he 
hoped to be able to prove that the Grovemment might safely be 
entrusted with the expenditure of public money. During the 
time the present Government had been in office strenuous efforts 
had been made to reduce the expense and increase the efficiency, 
of the public service. Several grave matters, reflecting upon, 
the character of various officers, were entered upon in detail, 
showing the urgent necessity of prompt and decisive reform, 
which the Grovemment had earnestly striven to effect.. 
There had been a gradual increase in the expenditure for 
public works, exclusive of loan services, for years past. In 
1856 the amount was £9,614 7s. 6d. ; in 1856, £92,909 10s.; 
in 1857, £129,930 17s. Id. ; and in 1858, £226,192 4s. 6d.,— 
which was very gratifying. The railway revenue now showed a 
surplus of over £30,000 in excess of the expenditure, which 
augured well for future and less expensive extensions. The 
sum required to meet the estimated expenditure of the 
following year was £1,465,325, and the loans proposed to be 



296 New South Wales. 

raised were — ^for public works, £16,000 ; to pay off deben- 
tures, £80,000. The railway vote of last year would be 
sufficient to carry on the railways already sanctioned with- 
out any new loan at present. No debentures had yet been 
issued on account of the deficit of 1856, for which Mr. 
Donaldson obtained the assent of the House to borrow 
£150,000. The deficit at the end of 1858 would be £69,426 
7s. 9d., and, according to the statement now submitted, 
there would be a credit balance at the end of 1859 of 
£24,756. The revenue for 1859 was estimated at £1,450,081, 
an amount which could not be considered excessive, as it was 
warranted by the increases that had taken place during 1857 
and 1858. Of the £400,000 of Treasury Bills, authorized to 
be raised, only £40,000 had been issued, and the Govern- 
ment did not intend to issue any more of them. The Cus- 
toms revenue of late had been sensibly increasing, and the 
land revenue, notwithstanding the reduction of price, had 
kept up well. The same might be said of the gold receipts. 
"While the income had been improving, it was satisfactory 
to know that the value of the Government's securities had 
been steadily advancing in the London market. He was 
satisfied that the utmost care had been bestowed upon the 
management of the country's finances, and the correction 
of those abuses which had led to such melancholy results. 

- During the consideration of the Estimates for 1859 in 
Committee of Supply, on 14th December, a resolution was 
moved by Mr. Cowper, that a sum not exceeding £14,025 be 
granted to meet necessary additional expenditure under 
Schedule C of the Constitution Act (PubUc Worship). An 
amendment by Mr. Piddington — ^That there be granted Is. 
only for this service — was carried by 13 to 12. 

On 4th January, 1859, Mr. Martin moved : — 

*' (1.) That the Resolution adopted by this House on the 15th of December 
last, to the effect that there be granted to Her Majesty, a sum not exceeding 
Is. in the year 1859, to meet necessary additional expenditure under Schedule 
C of the Act of the Imperial Parliament, 18 and 19 Vic, cap. 54, be rescinded. 
, "(2.) That it be an instruction to the Committee to reconsider, before pro- 
ceeding to any other business, that portion of the Message of His Excellency 
the Govemor-Greneral, by which the House was recommended to provide the 
sum of XI 4,025 to meet such additional expenditure.'' 

Mr. Plunkett moved, as an addition to the foregoing, tHat 
it be a further instruction to the Committee to consider 
separately, and in its own peculiar circumstances, the item of 



Governor Deniaon. 297 

• • • 

£200 for the salary of a Jewish Minister. (It should be 

explained that this item was included in the Supplementary 

Estimate, and did not form a part of the Schedule set apart 

for Public Worship by the Constitution Act.) The House 

divided equally, and the Speaker gave his casting-vote with 

the ayes. On the original question, as so amended, the 

House again divided equally — 20 to 20 — and the resolutions 

were carried by the Speaker's casting vote. Mr. Cowper then 

moved that the Conmiittee of Supply resume next day for 

the consideration of the resolutions. This also, after a debate 

extending beyond midnight, passed, by the casting vote of 

the Speaker. 

On 5th January the resolutions were accordingly con- 
sidered in Committee, when Mr. Cowper moved the withdrawal 
of the whole Estimate, except £200 proposed as the salary of 
a Jewish Minister. This was negatived by 20 to 18. The 
motion that the Chairman leave the Chair was negatived by 
19 to 18. A resolution, moved by Mr. Donaldson to the 
following effect — 

" That the Chairman leave the Chair, and Report to the Speaker that not- 
withstanding the instructions received by this Committee from the whole 
House, to reconsider, before proceeding to any other business, that portion of 
the Message of His Excellency the Govemor-Greneral, by which the House 
was recommended to provide the sum of £14,025 to meet additional expendi- 
ture under schedule (C), and in the face of the decision of the Speaker, that 
the Government alone can make the necessary motion before this Committee, 
the Honorable the Colonial Secretary has declined to propose to this Com- 
mittee the sum in question ; — and ask leave to sit again at a later hour of 
the evening''— 

was, after midnight, carried by 20 to 19. 

That afternoon, 6th January, before the Conmiittee of 
Supply resumed, Mr. Piddingtx)n moved that the resolutions 
adopted by the House, on 4th January, on motion of Mr. 
Martin, be rescinded. This was carried by 22 to 17; the 
vote in Committee of the previous evening was therefore 
rendered inoperative. 

On 27th January, in relation to the subject, Mr. Piddington 
moved that the annual sum of £28,000 reserved by Schedule 
C of the Constitution Act should be allotted to all denomina- 
tions in proportion to their population at the last census ; 
and that the professors of the Hebrew faith were entitled to 
the same consideration as any other religious denomination 
in the Colony. This was negatived by 17, to 14. 



298 New South TTalea^ 

The House debated, till after midniglit of the 4th Eebniaiy, 
oertain resolutions by Mr. Forster, which having been amended 
tirns : — 

'^ (1.) That this House has an undoubted right to exercise superWsion and 
control over, and to be consulted in, the pa3rment of salaries to all public 
officers, except such as have been by specisd enactment expressly reserved 
therefrom. 

" (2.) That it is the duty of the Executive Crovemment annually to submit 
all such salaries to the consideration of this House, or in cases of emergency, 
to account^ as early as possible, for every deviation from coiistituticmal 
practic& 

" (3.) That the practice adopted by the present as well as preceding Crovem- 
ments, since October, 1855, has not been in accordance with the two foregoing 
resolutions, and is a violation of the rights of this House" — 

were passed without division. 

In the Legislative Council, on 23rd Pebruary, Mr. Lut- 
wyche, having been appointed a Judge of the. Supreme 
Court, resigned his seat in the Legislative Council, and his 
office as Attorney- General. Mr. Lyttleton Holyoake Bayley, 
lately arrived in the Colony, and who had been appointed to 
the Council on 19th January, succeeded Mr. Lutwyche as 
Attorney- General. 

Relative to this appointment, Mr. Deniehy moved in the 
Legislative Assembly, on 8th Pebruary, that no appointment 
as a Minister of the Crown, or other important public office, 
should be conferred upon any individual, unless returned 
to Parliament by popular election, whose residence in the 
territory had not been of such length as to afford the Colony 
satisfactory guarantees of the fitn^s and propriety of the 
appointment ; that therefore the designation of Mr. Lyttleton 
Holyoake Bayley as Attorney- General was unsatisfactory to 
the House. The question was negatived by 19 to 12. 

The following resolutions, relative to Departmental arrange- 
ments, were carried by 15 to 14, on 23rd Pebruary, on motion, 
of Mr. Cowper : — 

** (1.) Thaty with a few to the more effectual administration of Responsible 
Qovemment, a new arrangement of the Ministerial Departments, as fixed by 
the Resolution of the Assembly passed on the 8th August, 1856, ought to 
be made. 

" (2.) That the Department of the Attorney-General and Solicitor-General 
be abolished. 

" (3.) That the Department of the Secretary for Lands and Public Works bo- 
divided, and that a new Department be created, to be called the Department, 
ol Public Works. 

*^ (4.) That a Department be created^ to be called the Department of Trade 
and Customs. 



Governor Denison. 299 

" (5.) That the Attomey-Creneral and the Solicitor-General shall not in 
future be Responsible Ministers, but shall be Political Officers, retiring from 
office with the Ministry." 

On 3rd March Mr. Cowper moved that the seat of Mr. 
Robert Owen be declared vacant by reason of his acceptance 
of office as a Judge under the District Courts Act of 1858. 
The question passed. Whereupon Mr. Plunkett moved, as a 
question of privilege : — 

" That a Select Committee be appointed to inquire into and report upon the 
circumstaDces relating to the acceptation of the office of District Judge by 
Kobert Owen^ Esquire, Member for East Camden, in so far as they affect his 
votes on the 23rd February, in reference to the proposed new arrangements 
of the Ministerial Departments of the Government." 

This was carried by a majority of 18 to 8. 

On 23rd March Mr. John Metcher Hargrave took his seat 
as Member for East Camden, in room of Mr. Robert Owen. 

The same day Mr. Plunkett brought up the Report of the 
Select Committee appointed on 3rd March regarding the 
circimistances relating to the appointment of Mr. Robert 
Owen as District Court Judge. This was submitted on 23rd 
March. It went to show that the appointment had been 
offered for about a month, and condemned such a course of 
action as contrary to the Constitution Act. On 29th March 
Mr. Plunkett moved the adoption of the Report. This, 
after a debate extending over several days, was on 5th April 
negatived by 19 to 8. 

On 30th March the House adjourned, on the intelligence 
being received of the death of the late Colonial Treasurer 
(Hon. Robert Campbell). 

The introduction, in November, 1858, of a mixed flock of 
280 llamas, alpacas, and vicunas from South America by 
Mr. Charles Ledger was an event which created consider- 
able interest among pastoraUsts. On 7th April, 1859, Mr. 
Cowper moved that they be purchased by the Government* 
TMs was carried by 18 to 11. But the anbnals did not 
realize the sanguine anticipations indulged in concerning 
their opening up a new era for the pastoral interest, for 
beyond their acclimatization no material benefit was derived 
from them. A few still remain, but they are merely regarded 
as curiosities. 

Parliament was prorogued on 9th April. The Grovemor- 
General (Sir William Denison) , after thanking the Legislative 
Assembly for the supplies which had been voted, announced 
his intention to dissolve the Assembly iimnediately, and to 



300 New South Wales. 

summon, without loss of time, a new Parliament, in accord- 
ance with the provisions of the Electoral Act recently passed. 
Parliament was dissolved by proclamation on 11th April. 

On 18th April, Mr. Elias Carpenter Weekes succeeded the 
late Mr. Robert Campbell as Colonial Treasurer. 

The elections under the new Electoral Act having taken 
place, the Third Parliament met on 30th August, 1859. Sir 
Daniel Cooper was elected Speaker. 

The Governor- General, in his Opening Speech, adverted to 
the fact that under the operation of the District Courts 
Act lately passed, justice was being administered throughout 
the various districte of the interior. There were also evident 
proofs that the Municipalities Act of 1858 would be pro- 
ductive of those social and political advantages which were 
the usual accompaniments of local self-government. Des- 
patches on steam postal communication via Suez and Mauri- 
tius, and also via Panama, would be laid before the Council. 
The attention of the Government had lately been directed 
with much interest to the important subject of telegraphic 
communication with England. A separate naval command 
had been established in the Australian seas. The attention 
of Parliament was called to the state of the fortifications of 
the harbour; a military force must necessarily be maintained, 
the strength and organization of which demanded most 
serious consideration. The separation of Moreton Bay from 
New South Wales, and its erection into a separate Colony 
under the name of Queensland, had been notified in the 
London Gazette of 3rd June ; but the legal instrument by 
which that separation had been effected not having yet 
reached the Colony, no change would as yet be made in the 
administration of the affairs of that portion of the territory. 
Considerable progress was being made in telegraphic and 
railway construction. It was hoped that during the present 
Session steps would be taken for the establishment of a Pree 
PubUc Library. The public revenue continued to flourish ; 
the sum of £150,000 deficient at the end of 1856 had been 
paid off out of the ordinary revenue of the Colony ; and the 
Act passed to authorize the raising of debentures to provide 
for that amount would not be required. The Government 
had, after mature deliberation, arrived at the conviction 
that that portion of the Constitution Act relating to the 
Legislative Council should be amended, and a Bill making 
the Council elective should be introduced. By the third 



Governor Denison. 301 

clause of the Constitution Act it was provided that Members 
of the first Legislative Council should hold their respective 
seats for five years ; but all members summoned after the 
expiration of the said five years should hold their seats therein 
for life. As the period alluded to would expire in 1861 the 
Bill was evidently of pressing importance. Measures for 
regulating the sale and occupation of Crown Lands would, at 
an early period, be brought under consideration ; and a Bill to 
provide more effectually for the youth of this Colony would 
shortly be presented. Amongst the other Bills enumerated 
in the Speech was one for the repeal of the Schedule to the 
Constitution Act in reference to public worship. 

The Address in B/cply was moved by Mr. Douglass, and was 
adopted without division. 

Mr. Piddington, proposed by Mr. Murray, was elected 
Chairman of Committees by 36 to 33. Mr. Arnold, proposed 
by Mr. Cowper, was the other candidate. 

Relative to the Customs Duties imposed on tea and sugar, 
Mr. Parkes moved, on 2nd September : — 

" (1.) That in the opinion of this House all Customs duties on tea and sugar, 
which articles are common necessaries of life to the people of New South 
Wales, ought to be forthwith repealed. 

" (2.) That an Address embodying the foregoing Resolution be presented to 
the Governor-General, praying that His Excellency will be pleased to cause 
the Estimates of Revenue to be prepared with a view to the immediate repeal 
of all such duties." 

Mr. Weekes, Colonial Treasurer, moved the previous ques- 
tion. This was carried by 30 to 26, and the original question 
passed by a majority of 29 to 28. 

As it was likely a political crisis might ensue in reference 
to this vote, Mr. Cowper informed the House on 6th Septem- 
ber that he would move the rescission of Mr. Parkes' resolu- 
tions. On 8th September Mr. Cowper moved the rescission 
of the resolutions relative to the tea and sugar duties. The 
debate terminated on the following night, when the resolu- 
tions were rescinded by a majority of 40 to 21. The Cowper 
Ministry were thereby relieved from embarrassment. 

Mr. Cowper, having obtained leave by a majority of 36 to 
16, introduced a Bill on 16th September, to amend the Con- 
stitution Act, so far as related to the provision for Public 
Worship. It provided for the repeal of Schedule C of the 
Constitution Act. On 29th November (after the defeat of 
the Cowper Ministry) it was dropped. 



302 New South Wales. 

Mr. Weekes made his Financial Statement on 6tli October, 
1869. Hp said lie thought he would be able to show without 
any exaggeration that the public finances of the colony were 
in a highly satisfactory condition. But first he would draw 
attention to a circumstance which had been commented upon 
both in England and the neighbouring colonies — ^viz., that the 
balance of trade had been steadily against the country from 
year to year — the difference between imports and exports 
amounting to between one and two millions sterling. But 
if account were taken of the stock— cattle, sheep, and horses 
— and the large quantities of wool grown in the southern 
districts, conveyed overland to Victoria, and shipped thence, 
the actual difiference would be found to be much smaller than 
was apparent at first sight. The total debt of the colony was 
£6,534,530. Tliere were debentures in the hands of the 
Financial Agents of the Government in London, for 
negotiation, and the prices received for those sold between 
the 1st January and 31st August of that year had ranged from 
98^ to 103 ; when, in consequence of the declaration of war 
between France and Austria, all securities suffered a decline. 
Since then, however, the colony's debentures had been gradu- 
ally recovering their old position, and the last account showed 
that they were still rising. Regarding the deficiency of 
£150,000, to meet which sum an Act was passed in 1856, 
authorizing the raising of the amount, he was happy to say that 
there had been no necessity to use the power thus granted, as 
the resources of the country had overtaken the deficit and 
entirely extinguished it. The late Treasurer estimated that 
there would be a deficit at the end of 1858 of £124,000 ; but, 
chiefly on account of large savings upon items voted, there 
would be, instead of a deficit, a credit balance of £48,277 to 
be carried forward to 1859. The estimate of expenditure for 
1859 was £1,467,587, besides £91,600 for loan services— viz., 
£11,600 for public works, and £80,000 to pay off debentures. 
There was also a further supplementary estimate of £113,587, 
of which it was proposed to charge £85,000 against the re- 
venue, and to cover the balance, £28,587, by loans. Mr. 
Weekes detailed the principal items in this supplementary 
estimate, which were chiefly for the defence of the 
Colony, the alteration and enlargement of the Legislative 
Assembly Chamber, the Government Printing Office, and 
the Court of Quarter Sessions, The probable revenue 
for the year was £1,547,456, being an increase on the 
late Treasurer's estimate of £57,000. This left a credit 



Governor Denmm. 303 

balajioe of £439066 with which to begin the year 1860. The 
revenue for 1860 was estimated at £1,655,339, and the 
amounts to be raised by loan were : for public works and 
buildings, £242,812 ; and for paying off debentures, £365,600, 
— ^makmg a grand total of £2,263,751. The charges on the 
other side were : for general services, £1,260,240 ; for special 
appropriation, £276,833 ; provided by the Constitutional and 
Colonial Acts, £60,350 ; to be covered by loans, £608,412. 
Erom these figures it Would be seen that a credit balance of 
£100,982 was expected at the end of 1860. Referring to the 
Estimates of Expenditure, he thought some steps ought to be 
taken towards the liquidation of the public debt by appro- 
priating a fair sum every year out of the Consolidated Reve- 
nue Fund. In conformity with this opinion, which he shared 
with Mr. Jones, he had therefore provided for the payment, 
out of revenue, of Immigration debentures falling due in 
1860 to the amount of £53,000, as he deemed it undesirable 
to renew debentures of that class. Details were given of the 
public works for which the sum of £242,812 was proposed to 
be borrowed. Respecting the revenue, the Customs duties 
had for several years past been steadily increasing. He was 
rather partial to revenue derived from the Customs, as he 
considered it a far more convenient, more economical, and 
less annoyiug method of taxation than the objectionable per- 
sonal tax which some honorable members advocated. The 
land revenue for 1860 was estimated at £552,000. After 
some remarks upon the progress of the railways and tele- 
graphs, Mr. Weekes stated that it had always been the in- 
tention of the Government, whenever the condition of the 
revenue warranted them in doing so, to attend to the repeal 
of the tea and sugar duties. It would be unjust, however, 
to repeal them all at once, but the reduction would be gradual 
— ^the first stage to begin on the 31st March, 1860, the 
second on the 30th September, 1860, and the duties to cease 
altogether at the end of the year. But, on the other hand, 
the duty on colonial-made spirits was about to be raised to a 
corresponding degree. Mr. Weekes then read the list of 
fiscal changes proposed by the Government. 

Three I^nd Bills were, on 29th September, introduced 
by Mr. B/obertson. They were intituled, respectively, the 
Crown Land Sales BUI, the Crown Lands Occupation BiU, 
and the Leased Lands Occupation Bill. On 6th December, 
Mr. Forster moved that the Order of the Day for the second 
reading of the Leased Lands Occupation Bill be discharged 



304 New South WaleB. 

from the paper. This, after a debate extending beyond mid- 
night, passed by a majority of 27 to 20. On 4th February, 
1860, the two remaining Bills were, on motion of Mr. 
Robertson, discharged from the paper. 

Pursuant to a resolution moved by Mr. Cowper, and passed 
on 21st September, the office of Secretary for Lands and 
Works was divided into two departments. Mr. Edward 
Flood was appointed to the newly-created office of Secretary 
for Public Works, while Mr. John Bobertson retained that 
of Secretary for Lands. The seat of Mr. Flood was declared 
vacant, and he was re-elected and took his seat for Canter- 
bury on 11th October. 

On 2nd and 13th September, respectively, Messrs. Thomas 
Laidlaw and William Henry Suttor resigned their seats as 
Members for Yass Plains and for East Macquarie, respec- 
tively. On 20th September, and 11th October, Mr. Laidlaw 
took his seat on his election for Yass Plains, and Mr. Haw- 
kins took his seat as Member for East Macquarie. 

The Committee of Elections and Qualifications reported 
on 21st September, as to a matter which had previously 
been referred to them, that the allegations in the petition, 
of Mr. Charles Kemp would not, if -true, vitiate the return 
of Mr. Henry Parkes as one of the Members for East 
Sydney. 

A Bill, introduced on 14th September by Mr. Robertson, 
to construct a tramway in Pitt-street, was, on 29th Septem- 
ber, referred to a Select Committee, who reported, on 25th 
May, that a tramway to the Circular Quay would lessen 
the cost of conveying railway stock and goods to and from 
the railway terminus, and that it would also facilitate the 
passenger traffic. 

Mr. Darvall, on 30th September, brought the matter of 
the separation of Moreton Bay before the Legislative Assem- 
bly. He moved resolutions declaring that the proposed 
separation was premature and inexpedient, for sundry reasons 
therein set forth. A long debate, lasting two days, and in 
the course of which numerous amendments were proposed, 
ensued. Ultimately Mr. Darvall's resolutions, thus amended, 
were carried : — 

" 1. That the proposed separation of Moreton Bay from the Colony of New 
South Wales is premature and inexpedient. 



Oovemor Deniaon. 305 

'^ 2. That such arrangements as have been made by either the Imperial 
<jrovemment or that of New South Wales seem calculated to establish the 
metropolitan predominance of the County of Stanley and Town of Brisbane — 
a predominance not justified by natux^ advantages, and opposed to the 
interests of the districts further north." 

The first section passed by 29 to 22 ; the second by 27 to 24. 

A resolution by Mr. Darvall, on 7th October, passed by 44 
to 6, to the effect that in the event of the separation of 
Moreton Bay, the apportionment of the public debt of New 
South Wales could not be lawfully effected without the con- 
currence and sanction of the Legislature of Kew South 
Wales. 

On 11th October the Separation was officially announced. 
The Grovemor-Greneral, by Message, transmitted a copy of a 
Despatch from the Secretary of State enclosing copies of the 
Order-in-Council for carrying into effect the separation of 
Moreton Bay from New South Wales. Sir George Bowen — 
to whom the originals of these documents were entrusted — 
had been appointed Governor of the new colony of " Queens- 
land." Under the circumstances disclosed in the Despatch 
the Governor-General concluded that it would not be neces- 
sary that the resolutions passed by the Assembly on the 4th 
October should be forwarded to the Secretary of State. 

Mr. Cowper, on 22nd September, introduced a Bill to pro- 
mote Public Education. On 5th October, in moving the 
second reading of the Bill, the Colonial Secretary said that 
he proposed to assimilate the system to be used in the Colony 
to that established in England in 1859, and known as the Privy 
Council system, although he would not follow the English plan 
in all its details. He approved of what was called the grant-in- 
aid principle, under which the people themselves would be in- 
duced to take some voluntary action towards promoting the 
education of their children. It was proposed not to allow 
any interference in religious matters ; the Board should not 
force the schools, nor the schools the parents of the children. 
The Bill proposed to repeal the existing Board, and create 
another, of which a Minister of the Crown was to be Chair- 
man. The Board was to administer the funds voted by 
Parliament, and to make suitable regulations. 

The debate was adjourned, and its resumption made an Order 

of the Day for the 12th. On the latter date a motion for 

going into Committee of Supply, by the Colonial Treasurer, 

was opposed. Mr. Piddington moved its postponement until 

u 



S06 N^M 8mth WaUm. 

th£> Public Education Bill had been disposed of. This was 
negatived by 32 to 28. On 19th October the second reading of 
the Bill was negatived by a majority of 57 to 8. 

A vote of censure, moved on 14jth October by Mr. Martin* 
relative to certain judicial appointm^Dits, was, after a long 
debate, negatived without division. 

The rejection of the Education Bill led to the immediate 
resignation of the Ministry. Mr. Jones and Mr. Hay were 
sent for, but declined. His Excellency then summoned Mr. 
William Porster, who formed a Ministry, as follows : — 

William Forster Colonial Secretary. 

Saul Samuel Colonial Treasurer 

John Black Secretary for Landa. 

i Secretary for Works ; and Repre- 
Geoffirey Eagar < sentative of the Grovemment in 

( the LegiBlative Council. 
Edward Wise Attomey-GreneraL 

On. 26th September Mr. Wisdom, after annonncing the 
new Adnmiistration, moved that their several seats be de- 
clared vacant. The House then adjourned over the Minis- 
terial re-elections. 

The day succeeding the formation of the new Ministry- 
Mr. Cowper's resignation from the Assembly was announced. 
The late Premier said that his absence from political 
affairs was necessary to himself, and might tend to remove 
some difficulties in the way of carrying on the public business 
which his presence might rather aggravate. He said further 
that a rest from public life was necessary for him, owing to 
the factious opposition brought against him; and the vexatious 
mode in which the debates had, during the past two years, 
been conducted. 

The following is a complete list of the Ministers who held 
office in Mr. Cowper's second Cabinet, together with the dates 
of their respective appointments : — 

r<i. 1^ n^ f Colonial Secretary, 

Charles Covrper | ^^^ SeptombM; 1857. 

x>. , J T 1 Colonial Treasurer, 

Richard Jones ^ ^^ September, 1857. 

x> 1 L r« \. ^^ f Colonial Treasurer, 

Robert Campbell | ^^^ j,^^,,^^ fggg 

•T?^' r\ i. irr T- f Colonial Treasurer, 
Ellas CaiTpenter Weekes... | jg^j^ ^p^^ jgg^ 

m A T_ Tir f Secretary for Lands and Works, 

Terence Aubrey Murray... I 7th sitember, 1857. 



Oavemor Denison. 307 

'o^- ^o^-^ { 'Tt^'^wf^S.^^''^^' 

Edward Hood \ Secretaiy for PubUc Works (only), 

I let October, 1859. 

James JIUIltUll ■< rr±-i. a X 1- 10EW 

( 7tn September, 1857. 

Ai«_«j T.^..- i>»4^. T.,^,...^^ i Attomey-Gteneral, 
Alfred James Peter Lutwyche ^ jg^^ Norember, 1868. 

Lyttleton Holyoake Bayley ... { ^^S^^rT^Q. 

Alfred James Peter Lnt>7ohe { ^j^*"^^^^!:^ i857. 

William Bede DaUey { "[S^tr. 1858, 

John Hetoher Hargrave. | ^aistsS^ 1859. 

T li "D* t / ^P^^'^sentative of the Government 

^ ( in the Legislative Council. 

The members composing Mr. Porster's Ministry having 
been all re-elected, met the House on 29th November^ 
1859- The new Premier explained that he had assumed 
the duty of forming a Cabinet influenced by the be- 
lief that he might succeed in moderating the differences 
of parties. The Government proposed to make the Ses-^ 
sion a short one ; to introduce Bills to alter the Con- 
stitution of the Tipper House, to prevent the renewal of 
the leases of Crown Lands at the expiration of the period of 
ten years then approaching, and to reduce the salaries of 
public servants ; also a measure to reform the magistracy. 

On the same day the Governor- General transmitted a 
Message to the Assembly, wherein it was notified that from 
and after the 1st December (1859) the Legislative authority 
of the Governor and Legislature of New South Wales over 
the territories and the revenues of the new Colony of Queens- 
land would cease. 

The Colonial Treasurer made his Pinancial Statement on 
8th December. In moving proformd that a certain specified 
sum be granted to meet the Supply granted to Her Majesty, 
Mr. Samuel stated that he took the earliest opportunity to 
state to the Committee the estimated expenditure for 1860, 
and the manner in which he proposed to provide ways and 
means to meet it. As it was but two months since his pre- 
decessor made a similar statement to the Committee it was 
unnecessary to travel again over the ground taken up by Mr. 
Weekes. He (Mr. Samuel) regretted that the statement he 



308 New South Wales. 

had to submit to the House did not exhibit so large a surplus 
as that shown by the late Treasurer. Mr. Weekes estimated 
his surplus at £101,000 ; his surplus was only £16,359 8s. 9d. 
This difference had been occasioned by several causes, the 
most important of which was the separation of the new 
Colony of Queensland ; and he regretted to state that after 
deducting the estimated expenditure from the estimated 
revenue a balance was left in favour of Queensland of 
£33,463, which was to tiiat extent a loss to the revenue of 
New South Wales. A detailed estimate was submitted 
showing the estimated revenue which would have been 
derivable from the Moreton Bay District at £133,107, the 
estimated expenditure at £99,644, leaving the balance as 
stated. In consequence of the Separation it had been 
necessary to re-frame the Estimates. He had endeavoured 
to ascertain whether the estimate of his predecessor was to 
be relied on ; and he did not hesitate to say that he believed 
it to be a fair and just estimate of the sums likely to be 
derived, in 1860, from the various sources of income. 
Deducting the deficiency occasioned by the separation of 
Queensland from the surplus brought down in October by 
Mr. Weekes (£100,982) the balance would be £67,519. He 
had now to account for the difference between that sum and 
the balance he had brought down — ^viz., £16,369 8s. 9d. 
The deductions from the expenditure amounted to 
£108,666 8s. lOd. ; the additions to the expenditure to 
£124,925 17s. 7d., thus leaving the before-stated balance of 
additions in excess of reductions. Among the additions was 
an item of £12,000, to be made an annual charge upon the 
Consolidated Revenue Pund, for the purpose of paying off at 
maturity the debentures the Government would be compelled 
to issue during 1859. These debentures (subject to a vote of 
the House) were intended to provide for public works to the 
extent of £200,000, and to pay off debentures falling due in 
1860 to the amount of £365,600. As he thought the system 
which required debentures to be paid off by the issue of 
others — the principle of borrowing without some provision 
for repayment — ^was unsound, he proposed to invest this 
£12,000, the interest on which should be set aside to meet 
the proposed loan. An annual sum of £12,000 would pay 
off the loan in twenty-six years ; and the debentures, having 
a currency of thirty years, would afford ample time to pay off 
the amount. If, therefore, they set aside 2 per cent of the 
gross amount of the liability they were about to incur, and 



Governor Denison. 309 

upon that obtain an interest of 5 per cent for thirty years, 
they would gradually extinguish it. Hon. members would 
see that the surplus was very small indeed — a surplus that 
might be regarded almost as a deficit ; and he hoped that as 
large a reduction would be made in the general expenditure 
as would be consistent with the efficiency of the public 
service. It was not the intention of the Government to 
interfere with the taxation of the country. He was fully 
sensible that it required great improvement; he was also 
prepared to go with those who desired the repeal of the tea 
and sugar duties, if an unobjectionable substitute could be 
provided. He was, too, of opinion that the gold duties 
should be abolished ; but that would involve a loss of revenue 
which could not be made up. He was unwilling to come 
down to the House with a revenue insufficient for carrying 
out the improvements of the country ; for if it was to make 
any progress at all the people must be prepared for an 
increase of taxation. Still he was desirous of placing taxa- 
tion where it could best be borne — ^that was upon property. 
However, questions of such magnitude could not be decided 
during the short period the Government had occupied office. 
Mr. Samuel concluded by referring to a proposal then lately 
made by Mr. Robertson for the repeal of the tea and sugar 
duties, and by again adverting to the difference that the 
separation of Moreton Bay made in the revenue. 

A Bill to regulate temporarily the Occupation of Crown 
Lands was introduced on 7th December by Mr. Porster; 
passed both Houses, and was assented to on 22nd December. 

A Bill to enable the Government to raise a certain loan to 
meet Debentures falling due in 1860 was introduced on 15th 
December ; and having passed both Houses was assented to 
on 22nd February, 1860. 

Resolutions on Defence, moved by Mr. Parkes, on 20th 
December, having been somewhat amended, passed, as 
follows : — 

" That, having regard to the present complications of Foreign Governments, 
and the hold which great Maritime Powers have in the seas of this Hemis- 
phere, it is impolitic and unsafe to neglect the means of preparation at our 
command for protecting the Colony in the event of its being attacked by an 
enemy. 

" Iliat the regular troops in the Colony ought to be supplemented by a 
!t^ational Militia composed of citizens of the Country. 

** That the true principle of military defence, and the only course which 
would ensure effective resistance in extreme circumstances, is to habituate the 



310 New South Walw. 

sabjecte of the Queen in this Colony to the use of amus, and to foster among 
all daases a loyal and patriotic spirit of reliance on their own valour and 
military organization. 

^That an opinion herein expressed is not intended to apply to the protection 
aSbnied by Her Majesty's Bhips*<^.war in the Australian waters. 

^^That the foregoing resolutions be canv^ed in an Address to the GovemoF* 
General) with a request that His Excellency will be pleased to bring them 
under the consideration of the Executive Council ; and also to transmit a copy 
of the same to Her Majesty's Principal Becretasry of State for the Colonies.** 

The Assembly was, on 31st Jantiary, 1860, infonned by 
Message that^ in accordance witb the request contained in 
the resolutions^ they had been forwarded to the Se^etary of 
State ; but that it must be obvious to the Assembly that 
upon a question of such importance it would be impossible 
for the Government to give a hasty opinion. Relative to 
this, Mr. Parkes moved, on 7th February, that the Governor- 
General's Message was highly unsatisfactory, and that it be 
referred back to the reconsideration of the Government. 
This was negatived by 24 to 16. 

On 20th December Mr. Robertson moved certain resolu- 
tions which set forth that the Minister charged with the 
control of the expenditure for Public Works ought to be a 
Member of the Legislative Assembly ; and that the House 
particularly disapproved of the office of Public Works being 
held by a gentleman who had never been elected to Parlia- 
ment. The debate terminated on the 21st, when the previous 
.question was negatived by 31 to 16. 

On 23rd December Mr. Henry Mort succeeded Mr. John 
M^Phillamy (who had resigned and whose seat had been 
declared vacant on 6th December) as member for West 
Macquarie. Mr. Samuel Henry Terry, on 24ith January, took 
his seat as Member for Mudgee. 

A Bill to limit the duration of Legislative Assemblies, intro- 
duced on 20th September by Dr. Lang, was, on 4th February, 
-I860, ordered to be read a third time that day six months. 

On 31st January Sir Daniel Cooper informed the Legislative 
Assembly that in accordance with an intimation already 
given, he begged to resign his office of Speaker to that 
Honorable House. Failing health warned him not to persist 
in the performance of duties which had become too onerous 
for him. He thanked the House and Honorable Members 
generally for all the favours and kindnesses bestowed ; and 
hoped the same forbearance would be extended to his successor 
in the Chair. Whereupon Sir Daniel Cooper retired from 
the Chair of the House. 



Governor Denieon. 311 

Mr. Flraikett then proposed to the Assembly Mr. Tea^enm 
Aubrey Mxnray as Speaker. The motion was seconded by 
Mr. Henry Parses, and supported by the Rer. Dr. Lang, 
Mr. Murray "was then unanimously elected, and presented 
to the Grovemor- Genera,! on the foHomag day (February 1). 
A vote of thanks to the late Speaker was, on the same day, 
passed by the House. 

In Committee, on 2nd February, resolutions relative to tele^ 
graphic communication with the United Elingdomi were agreed 
to, to the effect that the Government of New South Wales 
should be authorized to grant a subsidy not exceeding £9,625 
per amium, for a term not exceeding twenty-one years, to any 
Company of the stability of which satisfactory assurance 
should be given, to induce such Company to construct and 
maintain a telegraphic line f rc»n the Colony to East Java» 
upon certain specified conditions. Also, that steps should 
be taken without delay to communicate with and settle the 
proportionate contributions of the other Colonies in aid of 
those from New South Wales and Victoria. This was 
afterwards ratified by the House. 

Relative to the Steam Postal Service, Mr. Parkes moved a 
series of resolutions on 21st Pebruary, to the effect that the 
House confirmed those passed by the late Legislative 
Assembly on 6th August, 1858, and was of opinion that the 
important object thereby contemplated should be carried out 
with as little delay as possible, arid in such manner as would 
secure to New South Wales the administrative control of the 
line when established. That the House was therefore pre- 
pared to concur in passing an Act to enable the Government 
to enter into a contract for this service, without reference to 
the Imperial Government, provided that the passage through 
to England after a certain date should be guaranteed by the 
contracting Company not to exceed forty-five days, and pro- 
vided that the yearly subsidy to be paid by New South 
Wales should not exceed £75,000, subject to reductions to 
the extent of the contributions from other Colonies. The 
resolutions passed by a majority of 23 to 12. 

A Public Lands Bill was introduced by Mr. Black on 16th 
[February, but its further progress was stopped. A Bill to 
abolish State aid to religion was introduced by Mr. Porster 
on 11th February, but was discharged on 27th April. 

A BUI to amend the constitution of the Legislative Council 
(substituted for a former one, withdrawn on 9th February) 
was introduced on 14th February by Mr. Forster. On 22nd 



312 New South Wales. 

Pebmary Mr. Porster moved the second reading of the Bill. 
It proposed to make the Legislative Council elective; the entire 
Colony was to be made one electorate ; the qualifications of 
electors and Members were to be the same as for the Assembly, 
except that no one under thirty years of age should be quafi- 
fied to be elected a Member of the Legislative Council; 
electors could vote for only one candidate, and the vote was 
to be recorded in the district where the elector usually resided ; 
the mode of election was similar to that for the Assembly ; 
the number of Members was fixed at thirty; the Council 
was to continue for six years. The second reading of the 
Bill was negatived, on 24th February, by 29 to 26. 

Some days thereafter Mr. Porster made a Ministerial state- 
ment, in which he announced that his Ministry did not intend 
to resign, but to go through the Estimates and then dissolve ; 
the Ministry would give way only before a distinct vote of 
want of confidence. The Estimates, he said, were not yet 
passed, while the necessities of the country were crying out 
for efficient action on the part of the Government. 

Mr. Samuel Gray then moved, — 

" That, in the opinion of this House, the further continuance in office of the 
present advisers of Her Majesty would only tend to obstruct the public busi- 
ness of the Colony." 

This was carried, on division, by a majority of 33 to 25. 

On 29th February Mr. Alexander Campbell was sworn in 
as Member for The Williams, in room of Mr. Dark, resigned. 

On 1st March Mr. Porster informed the House that in con- 
sequence of the vote of the previous evening the Ministry had 
that day tendered the resignation of their offices to the 
Governor-General. When the House next met, on 6th March, 
Mr. Porster announced that Mr. Jones had undertaken to 
form an Administration. Next day the Premier stated that 
Mr. Jones had announced his inability to form a Ministry, 
and that His Excellency had- thereupon sent for Mr. 
Robertson. 

On 8th March Mr. Gray announced, on behalf of the 
new Administration, that Mr. Robertson had succeeded in 
forming a Ministry as follows : — 

John Robertson Secretary for Lands and Premier. 

Charles Cowper Colonial Secretary. 

Elias Carpenter Weekes Colonial Treasurer. 

William Munnings Arnold Secretary for Works. 

j^ Attorney-General ; and Represen- 
John Fletcher Hargrave I tative of the Government in the 

( Legislative Council 



Oovemor Denison. 313 

On motion of Mr. Gray, Ministers' seats were declared 
vacant. Mr. Jones, Mr. Hay, and Sir Daniel Cooper (who 
had been entrusted with the formation of a Ministry) having 
explained the courses taken by them respectively, the House 
adjourned (over the Ministerial re-elections) till 3rd April. 

When the House again met (Ministers having all been 
re-elected), Mr. Robertson addressed the House in explana- 
tion of the formation of the Ministry. One of the first measures 
to be introduced would be a Bill of Indemnity, rendered 
necessary by the expenditure of public money without Par- 
liamentary sanction, and resulting from the late frequent 
MinisterisJ. changes. Bills for settling the land question, 
for reconstructing the Upper House, for abolishing State aid 
to religion, and for regidating Chinese immigration, were 
promised. 

A BiU to indemnify the Government as to certain pay- 
ments for the Public Service was introduced, on 5th April, 
by the Colonial Treasurer (Mr. Weekes), passed through the 
Assembly without amendment, and on 18th April was trans- 
mitted to the Legislative Council. On 14th June, it 
was returned, with amendments, the effect of which was to 
include in the Bill all the appropriations made without the 
consent of the Council since the previous Session. A motion 
by Mr. Darvall, that the House go into Committee to con- 
sider these amendments, gave rise to a long debate, during 
the continuance of which, on the 30th, Mr. Gordon moved 
an amendment that the House proceed no further with the 
consideration of the said Bill. Before putting the question, 
on 22nd June, the Speaker stated that he had arrived at the 
conclusion that the Bill was not a money BiD, either as 
originally introduced or as amended. The question that the 
House proceed no further with the Bill was then carried, by 
31 to 9. 

On 10th April, Mr. Eichard Jones having resigned his 
seat for the Hunter, it was declared vacant. 

Mr. B/Obertson, on 11th April, moved the adjournment of 
the Legislative Assembly, as a mark of respect to the memory 
of the late Sir Thomas Brisbane, formerly Governor of New 
South Wales, the intelligence of whose death had reached the 
Colony that evening. The House adjourned accordingly. 

Certain resolutions were, on 10th February, adopted by 
the Legislative Assembly, setting forth that the House 
regretted that a Despatch relative to the Assessment on Buns 



^^ New South Wales. 

Act iras not ccimmnTricated to the House on its toriTal in 
the Colony. To thes6 raiolutions no answer was returned 
hy the Goreamor-General. On 10th April Mr. Hodgson 
moved that the circmnstanee that no answer had been returned 
was not satisfactory to the House, and requesting that such 
an answer might be returned as would assure the House 
that the proceeding of which it disapproved might not be 
repeated. The Previous Question, moved by Mr. Windeyer, 
was negatived by 23 to 18 ; the matter was thereby shelved. 

A Bill to regulate Chinese Immigration was introduced on 
1st May ; but on its second reading coming on for discusraon, 
cm 11th May, a motion by Mr. Biotton, that the Bill, having 
been improperly originated, could not be entertained, was 
carried by 19 to 17. 

On 8th May Mr. James Squire Famell took his seat as 
Member for St. Leonards. 

A Select Committee was appointed on 30th September, 
1859, on the motion of Mr. Parkes, on the condition of the 
worldng-classes. The BepcH^ was submitted on 18th ApriL 
The evidence proved that considerable distress prevailed in 
Sydney, and the Committee recommended the fostering of 
colonial manufactures, the better administiatian of the 
public lands, and the equalization of taxation. On 8th May 
Mr. Parkes moved the adoption of the Report, and that TTia 
Excellency might be requested to bring the recommendations 
therein contained under the consideration of the Executive 
Council. This was negatived by 27 to 6. Three days after 
this (on 11th May) an assemblage of the unemployed con- 
gregated in front of the Parliament Houses, at an advanced 
hour in the evening, while the Assembly was in debate. The 
leaders of the meeting assailed in no measured terms certain 
of the Members who had voted against the adoption of the 
report on the working-classes. During the proceedings of 
the Assembly Mr. Kemp called the attention of the Speaker 
to the presence in front of the Parliamentary buildings of 
a tumultuous assemblage uttering cheers and groans expres- 
sive of approval or disapproval of the proceedmgs of Mem.- 
bers of the House. The Speaker replied that, as the crowd 
was in the public street, it was not in his power to interfere. 
Outside, it was proposed to send a deputation to a Member of 
the Assembly. The police, who were stationed at the gate, 
under the direction of the Mayor, consented to admit a few 
persons within the enclosure ; but the mob, rushing f (wward, 
sought to enter in a body. A fight was the result, in which 



Governor Dtmmm. Si5 

some seyere blows were struck, and wounds inSicted ; and 
not before a large force of police — horse and foot — amTcd cm 
the ground wae the tumult quelled. The ringleaders WBie 
apprehended, and the principal were senteooed, at the Criminal 
Court, to a larief period of imprisonment. 

On 22nd May Mr. Daniel Hemy Deniehy took his seat as 
Member for East Macquarie. 

A series of resolutions were mored by Mr. Parkes on 22nd 
May, relatiye to the condition of the working-classes, as 
follows : — 

^ (1.) That a Bill to promotB tlie aHenaftian of the public lands ought to be 
passed with the least possible delay, m^A that any sach measures should pvo- 
vide the fullest facilities for the settlement of industrious familie& 

" (2.) That a reTision of the entire taxation of the Colony is necessary, and 
that in any Buob revision Ilevenue should be raised by the impositxen of 
duties that irould tend to foster man idb e tu r in g enterprise. 

" (3.) That the readjustmeocLt ol the Eevenue system of the Colony should 
include the introduction of the prmcvples of direct taxation. 

" (4.) That a Bill should be passed to amend the law regulating the erecticm 
of dwelling-houses in the City of Sj&ey, so as to provide against tibe 
TP ^hfta,H7hf»Mi of tenemeaita 

" (5.) That ih» Government should o&r awards, or take other steps tn 
encourage the employment of capital in the erection of improved dwellings 
for the working-classes. 

" (6.) That a Government Health Officer ought to be appointed in the City of 
Sydn^, having sanitary jurisdiction over other large towns. 

^ (7.) That a Bill dbould be passed to provide for the regulation of eommoa 
kdging-houBes. 

*' (8.) That a Nautical School, separate from other educational establishments, 
«cight to be established in the Port of Sydney, in accordance with the recom- 
mendations of the Select Committee of tibe late Legislative CounciL 

^ (9.) That it is necessary, in order to provide for the number of destitute 
in&nt children, that the Board of Directors should be assisted in enlai^ging 
the asylum at BAudwick. 

^(10.) That it is expedient and necessary to establiBh a Government 
Seformatoiy for juvenile deliixquents. 

'' (11.) That it is expedient that the Go ^ n n nent should appoint Yiedtxng 
Committees in all towns where prisons are establishfld, to secure the better 
supervision and management of such prisons. 

^' (12.) That it is necessary that more effective means should be afforded by 
the Legislature for the suppression of brothels and other places of evil resort 

^' (13.) That the Grovemment should afford assistance, by which their labour 
would be turned to productive account, to those mechanics and labourears 
who are suffering severe privations from the want of employment" 

Mr. Forster moved the Previous Qiiestion, which was nega- 
tived, on division, by 17 to 13. 

A motion for an Address praying that £200 be granted to 
the Jewish Minister resident in Sydney in aid of his stipend 
was negatived by 22 to 9- 



316 New South Wales. 

Kesolutions by Mr. Cummings, stating that it was desirable 
that energetic steps should be taken by the Government to 
extend railways to Bathurst, Goulbum, and the northward, 
were passed without division. 

Regarding the proposed annexation of a portion of New 
South Wales to South Australia, the Governor-General laid 
before the Legislative Assembly a copy of a Despatch from 
the Secretary of State, who expressed himself as desirous of 
acting in the matter with the full concurrence of the Govern- 
ment and of the Legislature. Mr. Robertson, on 13th June, 
moved that the Legislature was not disposed to object to the 
said annexation. The Previous Question, moved by Mr. 
Piddington, was negatived by 26 to 6. 

On 14th June Mr. Lucas moved for a Conamittee of the 
Whole to consider whether it was desirable to introduce a 
Chinese Immigration Regulation Bill. After midnight a 
resolution was reported from Committee to the effect that 
the vast immigration of Chinese was injurious to the 
Colony, morally, socially, and politically; and that it was 
desirable that a Bill should be introduced to regulate such 
immigration, which, amongst other things, should enact that 
every Chinese who might arrive in the Colony should be 
liable to an impost of £10. 

Resolutions were, on 26th June, moved by Mr. Hay in 
reference to the duties collected on the River Murray. These 
set forth that the establishment of a Custom-house and pre- 
ventive system along an inland frontier-line was inconvenient 
and objectionable as applied to the Colonies of New South 
Wales and Victoria; and that a recent Treasury Notice 
should be revoked, and negotiations prosecuted with the 
Government of Victoria for the purpose of establishing a uni- 
formity of Customs Duties and an equitable division thereof ^ 
These were negatived by €3 to 11. 

The House adjourned, on 27th June, out of respect to 
the memory of Mr. Nicholas Hyeronimus, late a Member of 
the Assembly. 

A Select Committee on Federation was appointed on 3rd 
April, on motion of Dr. Lang ; but did not report, the progress 
of its proceedings being stopped by the prorogation. 

The Appropriation Bill passed on 29th May, and was 
assented to on 4th July. 

Parliament was prorogued on 4th July, 1860. In his 
closing Speech the Governor-General regretted that the 
Government had been unavoidably compelled, in order to 



Governor Denison. 317 

keep faith with the public creditor and to carry on the 
public service, to anticipate the sanction of the Legislature 
to the public expenditure. Although there had been in the 
first quarter of 1860 a serious falling off in the revenue, it had 
lately shown considerable improvement, and it was believed 
the estimate would be realized. Extensive and rich gold- 
fields had been discovered in the southern part of the Colony 
— at Kiandra — ^and it would be the anxious care of the 
Government to make proper arrangements for the regulation 
and control of the increased population consequent upon this 
circumstance. In consequence of the large traffic growing 
up in the districts bordering upon Victoria, the Government 
had felt it incumbent to take steps for collecting the duty 
upon articles consumed within the territory of New South 
Wales; and negotiations in reference to the question had 
been commenced with the neighbouring Government. The 
separation of Moreton Bay would not, it was hoped, be 
attended with those injurious consequences to the interests 
of New South Wales which had been predicted. On the 
contrary, they might have the gratification of witnessing the 
rapid growth of another Colony in the north rivalling those 
which had already so speedily risen in the south. The 
question of the division of the existing debt of New South 
Wales must be considered without delay, and steps taken for 
settling the amount chargeable against the Government of 
Queensland. 

During the interval that elapsed before the next Session of 
Parliament a Despatch was received from the Duke of 
Newcastle, intimating that a new arrangement had been 
entered into with the Peninsular and Oriental Steam Navi- 
gation Company for the conveyance of the Australian mails, 
and enclosing correspondence relating thereto. The Govern- 
ment of Victoria guaranteed £60,000 as payment of half the 
entire cost of the service, including the cost of transit through 
Prance and Egypt, and agreed to arrange with the other 
Colonies both as to their participation in the benefits of the 
monthly service and the payment of their respective share 
therein. The Colonial Secretary of Victoria, accordingly, on 
the 11th of July communicated with the other Colonial 
Governments regarding the new Steam Postal Service between 
Galle and Melbourne, and submitted certain proposals for their 
consideration and assent. To the first two of these (to the effect 
that each Colony should contribute to the moiety to be paid by 
Victoria) the Government of New South Wales acceded 



318 New South Wale9. 

without hesitation; to the third (that the cost of the 
branch services should be home exclusively by the Colonies 
requiring same) they demurred, for reasons thus set forth 
by Sir Williaan Denison in his Despatch in reply to the Duke 
of Newcastle — ^ By the proposed new arrangement it 
appears that the steamer on her way out is to pass by South 
Australia, ancl is to terminate her voyage at Melbourne, 
leaving the Colonies of South Australia and New South Walra 
to procure their letters as best they may, and to incur the 
expense of doing that which the Post Office in England under- 
took to do when it received the postage upon letters addreoaed 
to either of these Colonies." The dissatisfaction thus expressed, 
and pKvailing in Sydney, having been represented to the 
Directors by Mr. Edvrard Hamilton, the Peninsular and 
Oriental Company abandoned their origmal plan, and entered 
into an arrangement by which the voyages of their packets 
were continued to Sydney as heretofore, subject to a proviso 
for a proportionate increase to the subsidy, in consideration 
of the extra wear and tear thereby entailed. 

The Queensland Government also addressed a communica- 
tion to that of New South Wales, requesting their co-operation 
in establishing a Mail Service via Torres Straits and Singapore. 
This invitation was declined by the Government of New 
South Wales, on the ground that they were contributing 
largely to the subsidy for the existing line via Suez, and 
were pledged to bear a considerable share of the cost of 
the new line via Panama. 

The Second Session of the Third Parliament met on the 
25th September, 1860. The Governor's Speech adverted to 
the necessity, in view of the unsettled state of Europe, of 
making provision for adequate defence ; expressed satis&c- 
tion that the original plan of conducting the Steam Postal 
Service (by which Melbourne was made the terminus of the 
line) had been abandoned; announced that a Bill for 
guaranteeiQg a moiety of the cost of the Panama Mail Service 
would be forthwith presented to Parliament ; congratulated 
the Colony on the new and extensive gold discoveries, 
and on the rapid extension of telegraphs ; stated that trial 
surveys had been made, with the view of ascertaining the 
probable cost of extending railways to Goulburn (in the 
south), Bathurst (in the west), and Muswellbrook (in the 
north) ; and informed the House that the necessary arrange- 
ments had been completed for immediately opening the 



Governor Denkon. 339 

recently purchased public Abattoir at Glebe Island, and for 
terminatmg the dangerous nuisances so long complained of 
within the city of Sydney. BiUs for amending the constitu- 
tion of the Legislative Council, for regulating the alienation 
and occupation of Crown Lands, and others haying for their 
objects legal and social improTements, were promised. A 
Census Bill had been prepared for carrying oiit an arrange- 
ment for taking the Census- throughout all the British 
Dominions in one day. 

The Address in Beply, mored by Captain Moriarty, was 
adopted without division. 

Mr. WilUam. B;ichman Fiddington, was elected Chairman 
of Committees for the Session. 

A Select Committee on Eederation was again appointed, on 
motion of Dr. Lang, but its progress was stopped by the 
prorogation. 

A Bill to abolish the Duty on Gold, introduced by Mr. 
Weekes on 3rd October, was passed in one day through all 
its stages in the Assembly ; but in the Legislative Council 
its further progress was arrested by the prorogation. 

A Bill to amend the Panama Postal B;Oute Act of 1858 
was read a first time on 3rd October. 

A Bill to abolish Capital Punishment, introduced on 12th 
October, by Mr. Parkes, was stopped by prorogation. 

Mr. Lucas, on 2nd October, obtained leave to introduce a 
Bill to regulate the influx of Chinese. 

Mr. Eorster, on 19th October, moved resolutions to the 
effect that the salaries of future Govemors-G^neral should be 
reduced to £5,000 per year; and that the salaries of Ministers 
should be equalized, and not exceed £1,500 per annum, 
which were carried on division by 21 to 15. 

On 6th November a resolution was passed on the motion of 
Mr. Irving, to grant a sum of £200 as a pension to the 
widow of the late Sir Thomas Mitehell, in recognition of the 
eminent services rendered by that gentleman to the Colony 
in his ofacial capacity. On the same day a Yote of thanks 
was accorded to Mr. Edward Hamilton, of London, in con- 
sideration of his services re Steam Postal Communication 
vrith Europe. 

Certain tariff proposals made by the Colonial Treasnrar 
were not proceeded with, owiag to the subsequent Mulisteiiai 
crisis and dissolution of Parliament. 



320 New South Wales. 

On the 27tli September Mr. Robertson introduced two 
Land Bills, the Crown Lands Alienation Bill and the Crown 
Lands Occupation Bill. 

On the 11th October, after a lengthy debate, the second 
reading of the Crown Lands Alienation Bill was passed 
without division. On the 17th October, the Occupation Bill 
passed its second reading. The main principle of this Bill 
was free selection before survey over all the unimproved lands 
of the Colony. In Committee, on October 26, Mr. Hay 
moved, in clause 13 of the Bill (that providing for the con- 
ditional sale of unimproved lands), the insertion of the words, 
" after survey as hereinafter provided.*' After a protracted 
debate, the amendment was carried by a majority of 33 to 28. 

On 31 st October Mr. B/obertson stated that he had advised 
His Excellency to grant a dissolution. This advice, he said, 
the Governor had been pleased to accede to, and had expressed 
his concurrence with the Government that before dissolving 
Parliament legal provision should be made for the public 
expenditure. The Government considered it desirable that 
a further adjournment of the House should take place, in 
order that a distinct proposal might be submitted to Parlia- 
ment to enable it to grant Supply for six months of 1861. 

On the motion of the Colonial Treasurer (November 8), 
that the House resolve itself into Committee of Supply, Mr. 
B/oberts moved : — 

'^ That it is the opinion of this House that the continuance of the present 
Administration in their offices is contrary to constitutional principles and 
injurious to the interests of the country." 

The debate that ensued terminated after midnight in a scene 
of great excitement, and resulted in the amendment being 
carried by a majority of 30 to 29. 

Parliament was thereupon dissolved by proclamation; 
writs were issued for the election of new Members ; the cry 
"free selection before survey" was the main issue put before 
the country. The public excitement was intense ; during the 
passage of the Bill through the House public meetings 
pro and con. had been held in the city and all the provincial 
centres ; on the defeat of the leading principle of the Bill, 
petitions praying for the dissolution of Parliament had been 
adopted. In the new Parliament the Ministerial party ob- 
tained an overwhelming majority. Mr. Cowper resigned his 
seat in the Legislative Council, and was returned to the 
Assembly for the electorate of Camden. 



Governor Deniaon. 321 

The Pourth Parliament met on January 10th, 1861, Mr. 
Cowper holding the office of Premier, Mr, Robertson having 
retired in his favour. The Ministerial combination was there- 
after known as the Cowper-Biobertson Ministry. 

Mr. Terence Aubrey Murray was again unanimously 
elected Speaker. 

The Governor's Opening Speech announced that Bills for 
constituting an elective Legislative Council and for reforming 
the administration of the Crown Lands would be introduced. 
While lamenting the ]ate exceedingly disastrous floods, the 
Speech expressed thankfulness for a bountiful harvest, and for 
the abundance of pastoral production ; adverted to the greater 
development of gold-fields, as exhibited by the enhanced 
gold revenue and Mint receipts ; and recommended to the 
consideration of Parliament the propriety of making provision 
for the adequate representation of New South Wales at the 
Exhibition of the Industry of all Nations, to be held in London 
in the ensuing year. The apparent diminution in the gross 
ConsoKdated Revenue of the Colony for the past year was 
accounted for by the separation of that portion of the territory 
which formed the Colony of Queensland. The closing para- 
graph referred to the approaching departure of Sir William 
I)enison for Madras. The Address in Reply was moved by 
Mr. O'Brien, and adopted without division. 

A Valedictory Address to the Governor- General was 
adopted by the Legislative Assembly on 18th January. The 
Address congratulated His Excellency upon his appointment 
as Governor of the Presidency of Madras, and gratefully 
recognized the advantages which the moral and social 
interests of the Colony had derived from the unsullied purity 
of His Excellency's private life, and from the active benevo- 
lence which had distinguished his patronage of every useful 
and charitable institution. 



In September of 1855 the railway to Parramatta was 
formally opened, in the presence of an immense concourse of 
spectators, the first train setting out on its journey amid a 
salute of artillery and the cheers of assembled thousands. 

Steam communication with England, which had for a time 
ceased in consequence of the war with Russia, was towards 
the close of 1855 re-established. 

On the 29th October, 1858, a line of telegraph was 
opened between Sydney, Melbourne, and Adelaide; and 
the extensions to Bathm'st and Maitland, completed two year 



S22 New Smtk JTalea. 

later, were sanctioned. In 1860 Mr. Gisbome came to the 
Ciolony, with a scheme for promoting the extension of the sub- 
marine cable from Aden to Sydney via Torres Straits. The 
Chamber of Commerce having considered his scheme, recom- 
mended it to the consideration of the Government. In the 
course of the same year telegraphic communication was effected 
with Tasmania ; thus the four Colonies were girt together 
by the electric wire. 

In the year 1857 an unprecedented number of casualties 
occurred. Devastating floods took place throughout the 
Colony. The Hunter and the Hawkesbury distncts were 
those which suffered most from the inundations. The 
" Dunbar '* was wrecked at the Gap — an indentation close to 
the Heads — on the 21st August. Out of 120 persons, many 
of them colonists returning from Europe, only one man was 
saved. Shortly after this sad event twenty-one lives were 
lost by the wreck of the " Catharine Adamson," also in the 
immediate vicinity of the Heads. 

The commencement of 1860 was also marked by disastrous 
floods, mostly in the southern districts of the Colony. The 
distress caused was so great that the Assembly voted £3,000 
for the relief of the sufferers, who were further assisted by 
private subscription. 

An exploring expedition, imder the leadership of Mr, 
Augustus C. Gregory, set out in the month of July, 1855. 
The expense of the enterprise, which was conducted under the 
auspices of the Royal Geographical Society of London, was 
borne by the Imperial Government. The party were to pro- 
-ceed round Cape York into the Gulf of Carpentaria, and 
onward to the mouth of the Victoria River; whence 
they were to trace the river as far backward as practic- 
able, and thereafter to strike into the interior of the 
country. One of the objects of the exploration was to institute 
a search for Leichhardt. In September, 1855, having arrived 
at the mouth of the river. Dr. Mueller and seven men pro- 
ceeded to explore the upper part of the Victoria. At the 
beginning of 1856, Gregory started from his dep6t with eight 
men and reached the head of the Victoria. A further journey 
of 300 miles brought them to Sturt's Creek, the waters of 
which became salt, ending in Termination Lake. Gregory 
pushed his way back to his depAt on the Victoria, and from 
thence made his way across Arnheim's Land to the Roper 
of Leichhardt, and followed that traveller's line all the way to 
the eastern settlements. 



Oawmar Denison. 823 

In South Australia, in 1858, Mr. John Maodouall Stnarfc 
made some discoveries of great importance to the colonists. 
Westward of Lake Torrens — ^to which he penetrated with one 
white man and a native — he found an extensive tract of 
country abounding in natural spriugs, and clothed with a 
grass highly prized by Australian flockowners. 

In 1859 an offer of £1,000 was made by Mr. Ky te, a citizen 
of Melbourne, as a contribution towards the equipment of a 
party to explore Central Australia. A large amount was 
subscribed by the colonists and the Victorian Government ; 
and an expedition started from Melbourne on 20th August, 
1860, under the command of Mr. Robert O'Hara Burke, with 
Mr. William John Wills as surveyor and astronomical 
observer. Twenty-seven camels, a few horses, and several 
waggons, accompanied the expedition. Leaving some of the 
party at Menindie, on the Darling River, and others at Cooper's 
Creek, in the northern part of South Australia, Burke, 
Wills, and companions pushed forward through the western 
part of Queensland towards the Gulf of Carpentaria. They 
nobly fulfilled their mission by reaching the sea, and returned 
to where they hoped to find abundant provisions. In this, 
however, they were disappointed, as their companions, from 
stress of circumstance, had left the camp and returned. 
Both the leaders and all but one of their companions, perished 
in the interior. Relief parties were sent in search of the miss- 
ing explorers, one of which rescued King, the survivor, and 
buried the remains of Burke and Wills. Through the instru- 
mentality of the relief expeditions the geographical knowledge 
of the eastern portion of the Australian continent was con- 
siderably extended. The citizens of Melbourne gave the 
remains of Burke and Wills a public funeral ; and a monu- 
ment was erected to their memory, and stands in the centre 
of the chief street of that city. 

In March, 1860, Mr. John Macdouall Stuart commenced 
another exploration ; and on the 22nd April he found that 
he was encamped in the very centre of the Australian con- 
tinent. He named the spot Central Mount Stuart ; and 
found the country around to be rich, well grassed, and fertile, 
with an abundance of water. Stuart then made three efforts 
to reach the coast by a north-west course, but each time was 
driven back by dense belts of scrub and scarcity of water. 
The party then attempted a north-east course, but were 
attacked by savages and forced to retire. At the commence- 



324 New South Wales. 

ment of 1861 Stuart again started from Adelaide with a 
party of twelve, for the purpose of actually reaching the 
sea coast. On this occasion Stuart, advancing nearly two 
degrees beyond the extremity of his former route, opened up 
wide grassy plains and chains of lakes some ten or twelve 
miles long, abounding with fish, and accessible to cattle at 
all seasons of the year. From this country unsuccessful at- 
tempts were made in fourteen different directions to reach 
the coast. But in July of 1862 Stuart successfully accom- 
plished the task of reaching the shores of Van Diemen's 
Gulf, to the westward of the Gulf of Carpentaria. Returning, 
he was attacked by scurvy, which caused almost total blind- 
ness ; arriving at Adelaide, he received a reward of £2,000 
from the Government; and shortly afterv^^ards he was 
awarded a gold medal by the Royal Geographical Society. 

In 1861 Mr. Frank Gregory tried to penetrate the interior 
from the north-west coast, but was baffled by arid sand 
ridges, amidst which he a;nd some of his party nearly lost 
their lives. He discovered some extensive rivers, and a large 
extent of pastoral country, some of which is now settled. 

Sir Thomas Mitchell, Surveyor- General of the Colony, died 
in 1855. The services he rendered by his various explora- 
tions have been before briefly adverted to. To him is due 
the successful construction of many of the main roads of the 
Colony, pre-eminent among which was the one over the Blue 
Mountains. About the beginning of 1829 the Surveyor- 
General was invited to pass a few days with the Governor 
at Parramatta (General Darling), bringing with him his 
general plans of great roads for the Colony. During the 
same visit the Governor directed his attention to the 
Bathurst Road, which he then promised to mark out. It 
was not, however, till the middle of June, 1830^ that 
his other duties admitted of his carrying into effect the 
completion of his line westward to Bathurst. After ten 
laborious days the marking out of the great road was carried 
into the Western Plains, on which the surveying party 
encamped amidst snow ; and on the 23rd of the month Sir 
Thomas Mitchell addressed his report to the Colonial Secre- 
tary. Receiving in reply a communication stating that the 
Governor felt it quite impossible to sanction the alteration 
from the previous route contained in the report, and also 
averring that " in the course of time some other lines will be 
found as superior to that now proposed as that is to the one now 



Oovemor Denison. 325 

forming," the Surveyor-Gteneral addressed a rejoinder to the 
Colonial Secretary, in which he stated that " the possibility 
of finding, in the course of time, some other lines as superior 
to mine as that is to those which have been found by over- 
seers, I deny. I defy any man ever to point out any material 
improvement in the lines laid down by me, for they have 
been marked only after a more careful survey of the ground 
than is made for such a purpose even in Europe ; and I feel 
confident that, were the exertions of road discoverers stimu- 
lated with the promise of even a million of acres, they could 
not improve what now rests on my own responsibility." 
These words have been borne out by the fact that the Great 
Western E/oad, subsequently formed on the lines of this 
survey, has been followed by the railway line to Bathurst. 
Sir Thomas Mitchell, in addition to his professional cele- 
brity, gained a considerable reputation as a litterateur and 
scientist. 

In 1857 Rear- Admiral Phillip Parker King, son of the 
third Governor of New South Wales, died ; he had rendered 
distinguished service to the Colony, having spent seven years 
in surveying the coasts of Australasia. 

In May, 1855, Dr. Barker, the second Bishop of Sydney, 
and Metropolitan of the Protestant Episcopal Church, arrived 
in Sydney, succeeding Dr. Broughton, who had died, two 
years before, while on a visit to England. 

The announcement that gold had been discovered in the 
neighbourhood of Port Curtis created, about the middle of 
1858, a great sensation. At this period numbers of working 
men were unemployed in Sydney and other parts of the 
Colony; so that the gold discovery tended to divert 
a large population to the new region with a rapidity 
and to an extent almost unparalleled in the history 
of Australian gold-seeking. Within the period of a month 
4,000 persons had left Sydney for Rockhampton, and in 
October 10,000 persons had congregated in that district, 
each of the Colonies sending a contingent, but chiefly New 
South Wales and Victoria. It was soon found that the 
actual diggings were confined to a space of about 2^ acres, 
and that even here the precious deposit lay exclusively on 
the surface. In October the reflux of population set in to 
Sydney, and in a few weeks large numbers of disappointed 
diggers were wandering about the city in idleness and 
distress. In this emergency a committee of mercantile 



326 New South Wain. 

gentlem^L and others was f onned, and measures were taken 
to aUeriate the preTailing want. Towards the close of the 
year only four or fire hundred persons remained on the new 
gold-field. 

In I860, while the affiiirs of the Colony were in a depressed 
state owing to recent floods, a rich gold-field was discoyered 
at Kiandra, on the Snowy Kiyer. It had been predicted by 
scientists and others that great discoyeries would be made in 
this part of the Colony, consequently intense excitement and 
anticipation preyailed when in February a large parcel of 
gold therefrom was exhibited. Kiandra is situat^ at the 
southern extremity of the Colony, near the Australian Alps, 
in the mountainous region adjacent to the Victorian boundary, 
and, as the cold season had already set in, the rush fix>m 
Sydney thitherwards was somewhiat checked for seyeral 
months. Notwithstanding this, and despite the asperity of 
weather, the av/ri sacra fames attracted large numbers into 
the snowy regions; and by the end of March there were 
5,000 persons in Kiandra and its yicinity. Throughout 1860 
the rush continued, and a yery rich sample of quartz haying 
been obtained in the neighbourhood in the month of August, 
the excitement was greatly increased. The rush, howeyer, 
did not last long, and the decadence of the Kiandra Gold- 
field began at the close of 1860. The new diggings at 
Burrangong or Lambing Flat became the attraction, and at 
the commencement of 1861 an exodus thither set in from 
many of the other gold-fields. 

In December, 1860, serious riots occurred at Lambing Plat, 
owing to the inyasion of Chinese in large numbers ; seyeral 
grog-shops and gambling shanties were burnt, many persons 
were wounded, and a large body of police had to be 
despatched to restore and maintain order. New gold-fields 
were also opened up near Carcoar and at Braidwood, and the 
extent of the gold industry may be gathered from the fact 
that the total amount of gold-dust brought down by the 
seyeral escorts in 1860 reached 350,998 ozs. 10 dwts. During 
the same year copper mines and new coal seams had also been 
discovered and worked, so that the mineral resources of New 
South Wales were being rapidly developed into large pro- 
portions. 

A disorder known as the ^^ Cumberland disease" made its 
appearance among the cattle in August, 1860, and entailed 
great losses upon pastoralists. 



Governor JDenison. 



827 



His Excellency Sir William Denison embarked for India 
on the 22nd January, 1861. He held a farewell lev^e prior 
to his departure, and was presented with numerous addresses 
expressing congratulations and best wishes for the future. 



The following statistical information shows the progress 
made by New South Wales during Sir William Denison's 
administration : — 



Tear. 
1855... 

1856* 
1857.. 

1858.. 

1859t 
I860.. 



Population. 

277,579 
286,873 
305,487 
342,062 
336,572 
348,546 



Land under eolti- 
vation. 

171,100i acs. 

186,033 

184,513 

223,295 

247,542| 

260,798 



99 

99 



Revbntb. 
General. Loan. 

£ 800,989 £859,721 
1,130,014 856,539 
1,185,562 345,575 
1,379,675 76,776 
1,522,6^8 816,822 
1,319,779 560,729 



ESPENDITURB. 

Ordinary. Loan. 

£886,724 £788^300 
1,146,468 688,666 



bnporCs. Earports. 

1855... £4,668,519 £2,884,130 
1856... 5,460,971 3,430,880 



1857... 
1858... 
1859... 
1860... 



6,729,408 
6,059,366 
6,597,053 
7,519,286 



4,011,952 
4,186,277 
4,768,049 



Home. 

158,159 
168,929 
180,053 
200,713 
214,684 
251,497 



Homed CatUe. 

1,858,407 
2,023,418 
2,148,664 
2,110,604 
2,190,976 
2,408,586 



5,072,020 

* Censos taken 1 March, 1856, when the population numbered 
t Separation of Queensland took place in 1859 



1,104,995 
1,209,796 
1,425,028 
1,321,724 

Sheep. 

8,602,499 
7,736,323 
8,139,162 
7,581,762 
5,162,671 
6,119,163" 

266,189. 



438,333 
360,770 
433,138 
726,231 

Plge. 

68,091 
105,998 
109,166 

92,843 
119,701 
180,662 



328 New South Wales. 



CHAPTER XI. 



GOVERNOR SIR JOHN Y0UNG.-1861-1868. 

The case of Tawell — Weekes' Financial Statement — The Land Bills— Appointments to 
the Legislative Council — Parliamentary crisis — Prorogation — Customs Duties — Bill 
to amend the Constitution of the Legislative Council — Gold-fields — Church and 
School Lands — State of prisons — Dismemberment of the Colony — Burrangong and 
the Chinese — Rioting — ^Return of Wentworth — Nominations to the Legislative Council 
— Opening of Session— Land legislation — Chinese inmiigration — Church and School 
Lands — Police regulation — Murray River Customs — Re Legislative Council — Weekes* 
Financial Statement — Railway extension — Dismemberment — Powers of the Legisla- 
tive Council — Prorogation — Parliament re-assembles— Address of Condolence — 
Church and School Estates — Grants for Public Worship Prohibition Bill — Weekes* 
Financial Statement — Elective Legislative Council Bill — Religious Equality — State of 
Manufactures and Agriculture — Retirement of Wentworth from the Chair of Legis- 
lative Council — Honorable Terence Aubrey Murray President — Powers of Legislative 
Council — Mr. Hay Speaker — ^Australian Subscription Library — Prorogation — Inter- 
colonial Conference — Re-assembling of Parliament — Church and School Lands — 
Education Bill — Insecurity to life and property — Riverine District — Smart's Finan- 
cial Statement — Defeat of the Government — Ministerial Statement — Eagar's Finan- 
cial Statement — Financial proposals — Stamp Duties — Newspaper postage — Defeat 
of the Customs Duties Bill in the Legislative Council — Ministerial Statement — Pro- 
rogation — The Fifth Session — Defeat of the Government — Dissolution — Amendment 
on the Address in Reply — Cowper's Ministry — Smart's Financial Statement — Stamp 
Duties — Felons Apprehension Bill — Steam Postal Service — ^Border Duties Conference 
— Prorogation — Re-assembling of Parliament — Resignation of Mr. Hay — Pitt-street 
Tramway — Samuel's Financial Statement — Ministerial Statement — Resignation of 
Mr. Samuel — Cowper's Financial Statement — Burdekin Treasurer — Defeat of 
Cowper's Administration — The Martin Ministry — Elagar's Financial Statement — 
Public Debt Commissioners Bill — Ocean Mail Service — Third Session of Fourth 
Parliament — Public Education Bill — Elagar's Financial Statement — Select Com- 
mittee on Working Classes — Prorogation — Postal Conference — Re-assembling of 
Parliament — The Federal Council Bill — The Border Duties Bill — Railway proposals 
— Eagar's Financial Statement — The Land Bill — Ministerial Statement — Want of 
Confidence motion — Retirement of Sir John Young — Statistics. 

On the retirement of Sir William Denison, Lieutenant- 

^^ ft ^ 

General John P. Kempt administered the Government of 
New South Wales for the period extending from 23rd Janu- 
ary to 21st March, 1861. 

The Right Hon. Sir John Young, K.C.B., G.C.M.G., 
arrived on 22nd March. He was sworn in under a Com- 
mission authorizing him to administer the Government of 
New South Wales under the title of Administrator. This 
was issued pending the preparation of a Commission under 



Governor Young. 329 

the Great Seal conveying his formal appointment as Captain- 
General and Govemor-in-Chief of New South Wales. 

An Address of congratulation was voted by both Houses 
of Parliament on 27th March; to which, on the following 
day, a reply was returned. 

One of the last official acts of Sir WiUiam Denison created 
considerable discussion after his departure. For several years 
a correspondence had been going on between the Imperial and 
the Colonial Governments, respecting a proposed re-grant of 
escheated land to the representatives of John Tawell, who had 
been executed in England for murder. In the opinion of the 
local Law Officers of the Crown the Governor had no power 
to make this grant, and the Ministers therefore declined to 
advise its issue, notwithstanding great pressure from the 
Imperial Government. Shortly before his departure, Sir 
William Denison demanded the Great Seal of the Colony, 
that he might affia: it to a grant which had been prepared in 
the office of a private solicitor. Mr. Cowper withheld the 
Seal, and pointed to the decision upon this point by his own 
and other Cabinets. But Sir William Denison had received, 
the command of the Secretary of State, and was determined 
to obey it, the protest of his responsible Ministers notwith- 
standing. He insisted, therefore, upon the surrender of the 
Seal. Mr. Cowper and his colleagues then gave it up, and 
tendered their resignations at the same time. His Excellency, 
however, having completed the deed of grant, sent the 
Seal back to its former custody, and declined to accept the 
resignation of th6 Ministry. 

The matter was brought before the Legislative Assembly 
on 29th January by Mr. Redman, who moved : — 

" That, in the opinion of this House, the conduct of the late Governor- 
General, in affixing the Great Seal, against the advice and in spite of his 
Ministers, and afterwards temporarily entrusting it to his Private Secretary, 
was not only unconstitutional, hasty, and highly dangerous, but, under the 
circumstances, has inflicted a private as well as a public wrong." 

After a short debate the Previous Question was negatived 
without division. 

On the 13th February, Mr. Cowper moved for a Select 
Committee to prepare an Address to Her Majesty, praying 
that she might be pleased to direct that the Great Seal of the 
Colony should not be used except with the advice and con- 
sent of a Responsible Minister, or of the Executive Council 
for the time being. The debate was adjourned ; and on 8th 



330 New South Wales. 

May, on the motion of Mr. Morris, the Order of the Day 
for its resumption was discharged from the paper. 

The Colonial Treasurer made his [Financial Statement on 
31st January. Mr. Weekes said that it would be necessary 
that he should briefly go through most of the points alluded 
to when he laid the budget of 1861 before the late Assembly. 
He was particularly anxious to do this, because there had 
been no lack of gloomy forebodings as to the real position of 
the colony. He thought he should be able to show the 
committee that, so far from the colony being in a state 
almost of insolvency, the finances were in a sound and healthy 
condition. Before proceeding further he would refer to the 
revenue and receipts of the colony from 1851 to 1860. He 
then showed that the revenue and receipts had increased 
from £400,000 in 1851 to £1,317,000 in 1860. He asked 
the House to bear in mind that the revenue for 1860 — 
£1,317,968 — ^was the revenue of the colony after having been 
deprived of an entire province (Queensland). Respecting the 
public debt, which it would be found was about £3,819,730, 
the whole of the debentures which had been sent from the 
colony had not yet been placed in circulation. Some £600,000 
or £600,000 were still remaining on hand and were to be 
disposed of by the Oriental Bank. The high value the 
capitalists of England appeared to attach to the debentures 
of the colony was very gratifying. In 1858-9 the debentures 
ranged from 97f to 103 ; £813,000 worth had been sold, 
realising £816,778 12s. 6d. In the year 1860 the debentures 
sold amounted altogether to £560,900, at prices ranging from 
98 to 102. When the 5 per cent, debentures bore that 
excellent price in the market of England it was a convincing 
proof not only that English capitalists had confidence in the 
resources of the colony, but also in the wisdom and prudence 
of its legislation. He would now proceed to a statement of 
the accounts current of revenue and expenditure. There was 
an item in the accoimt of 1859 of £177,025 6s. lid. called 
"savings on votes of Parliament." He would draw the 
particular attention of the House to this item. Mr. Weekes 
then at some length justified the policy of '* savings" from 
the amounts voted for public works, and stated that these 
savings were now at the disposal of the House. He held in 
his hand a statement of the particulars of the amount of 
savings on votes of Parliament in continuation of those 
shown in the account current for 1868; and he would 
enumerate some of the items. One pronunent item was 



Governor Young. 331 

• 

£50,000 for steam communication via Panama. Had the 
Panama route been established that sum would have been 
used. But the line had not been opened ; and therefore it 
would be right to say that the £50,000 for 1860 had not been 
required. The greater part of the sum appropriated for 
paying the Colonial allowance to the military and naval 
forces for 1860 was saved to the colony, as the tix)ops had 
not been there to earn it. Savings had also been made under 
various other heads. The estimate which had been framed 
of the revenue for 1860 had not been realised, but he hoped 
to be able to give a satisfactory elucidation of the f alliiig 
off — ^temporary, as he believed it to be. The original esti- 
mate, submitted in October, 1869, amounted to £1,665,339. 
Subsequently the separation of Queensland occurred, and 
Mr. Samuel, deducting £133,107 on account of that separa- 
tion, estimated the revenue of 1860 at £1,532,232. The 
actual revenue received, however, had been £1,317,968, being 
an increase in items estimated of £49,968 and a decrease 
upon other items of £254,233, making a net decrease on the 
estimate of £204,265. The amount of decrease in the 
Customs consequent on the separation of Queensland had 
been under-estimated, and amounted to £58,000 instead of 
£35,000. The land revenue for 1860 had exhibited a very 
serious falling off, amounting to no less than £164,361. 
The Forster Ministry had, when in power, permitted the land 
sales to come almost to a dead stop. Since the Ministry of 
which he Ki^as a member had come into power the proceeds of 
the land sales had greatly increased, and had almost over- 
taken the amount of the previous year. The Customs revenue 
for the first month of 1861 showed an increase of £8,000 on 
the corresponding month in 1860 ; so that it might be fairly 
considered that the revenue on almost every point was 
inoiproving. Turning to the Ways and Means, it would be 
found that he commenced the year 1860 with a balance of 
£148,056 from the preceding year. The actual revenue and 
receipts collected during 1860 amounted to £1,310,052 ; the 
amount due by the Sydney Mimicipal Coimcil for interest 
on. debentures was £49,812 ; and the loans authorized to be 
raised for public works, and to pay off debentures, to 
£681,837 ; making together a total of £2,189,757. On the 
other hand, there was the amount of the Appropriation Act 
of 1860, £1,143,931 ; special appropriations of £276,833 ; 
provided by Constitutional and Colonial Acts, £58,350; 
amounting in all to £1,479,114. Erom that, however^ the 



332 New South Wales. 

sum of £50,000 (appropriated, but not required, for the 
establishment of the Panama Steam Postsd Route) was 
deducted ; this reduced the charge to £1,429,114. To this 
were added the amount of £681,837 for public works, and 
the Supplementary Estimate for 1860, amounting to £56,834. 
These charges (amounting to £2,167,786 13s. 6d.) deducted 
from the credit side of the account left a balance in favour 
of the colony, at the close of 1860, of £21,971. The Esti- 
mates-in-Chief for the year (1861) amounted to £1,173,177 ; 
to which were to be added appropriations amounting to 
£284,850 ; making £1,458,027. Certain additional charges 
increased the amount to £1,603,291 2s. lOd. On the other 
side there was — first, the balance of £21,971 6s. 8d. from 
1860 ; then the Estimated Revenue, as stated in the Ways 
and Means, of £1,519,844 ; and the amount proposed to be 
raised by loan for public works, £138,784 ; making in all a 
total of £1,680,599. There remained, after deducting the 
estimated expenditure, an estimated balance at the close of 
1861 of £77,309. Among the items of expenditure enume- 
rated was the sum of £18,000 for the purpose of endowing 
municipalities, and a sum of £10,000 for the maintenance of 
the Volunteer Eorce. There was also a sum of £10,000 for 
taking the Census. The estimate for Roads amounted 
to £170,000, and there was an additional item of £59,000 
for Public BuUdings. He would now go over some of 
the items of revenue. The Grovemment, in accordance 
with an expressed intention, would not continue the gold 
duty ; but they proposed to put a charge of 2d. per ounce 
upon all gold to be coined, that was 2d. as opposed to 8d. 
when the gold was not to be coined. No doubt this would 
prove an inducement for miners to send their gold through 
the Mint. The probable land revenue was estimated at 
£450,000. The railway receipts, which had not in the pre- 
vious year realised expectations, were estimated at £70,000. 
The receipts from electric telegraphs were estimated at 
£18,000 ; and this estimate would be amply justified by the 
result, as this was one of the profitable institutions of the 
Colony, paying a handsome return on the outlay. He would 
now state the Customs arrangements which the Govern- 
ment proposed to make with regard to the revenue. The 
Government intended to take off by three stages during that 
year (1861) the duty on tea, by two gradations ; they in- 
tended to reduce the duty on tea so that it should terminate 
entirely at the close of the year. On and after the 31st 



Governor Young. 333 

March next the duty on tea would be 2d. per ft. ; and it 
would be Id. per ft. from the 1st October to the end of the 
year, when it would cease altogether. These steps were 
taken to protect those who would suffer if the tax were too 
suddenly altered. The repeal of the tea duty would occasion 
a loss during 1861 of about £24,000 ; and it was proposed to 
substitute for that tax an equalization of the s^pirit duties. 
Brandy and gin paid 10s. a gallon duty as well as liqueurs, 
cordials, and strong wines ; while whisky, rum, and per- 
fumed spirits paid but 7s. a gallon. By equalizing the 
duties on spirits the tariff would be assimilated in a great 
degree to that of Victoria. The same duty would be, of 
course, placed on Colonial distillation ; but the differential 
duty of 7d. per gallon in favour of Colonial distillers would 
be retained. The duty would therefore be 9s. 5d. instead of 
6s. 5d. If the resolution were passed that night, when the 
Customs opened on the morrow the spirit duties would be 
equalized, Mr. Weekes concluded by moving the Govern- 
ment tariff proposals before enumerated; and stated there 
were plain signs of the country recovering from the tempo- 
rary state of depression under which it had been labouring. 

On 16th January Mr. Robertson introduced two Land 
Bills — ^the Crown Lands Alienation Bill and the Crown 
Lands Occupation Bill. 

In moving the second reading of the Alienation Bill, on 
30th January, Mr. Robertson briefly explained the provisions 
of the Bill. So much of existing Acts and Orders in Council 
as were repugnant to the Bill were repealed ; provision was 
made for purposes of public improvement and convenience; 
also for conditional sale, without competition, to bond fide 
settlers ; another clause provided for special sales to persons 
who had erected homesteads. All lands taken up under lease 
since Pebruary, 1858, were to be open for the purposes of 
selection. The Bill also permitted the sale of land by 
auction to persons who desired to make unconditional 
purchases, back lands to be put up at 5s. per acre. The 
system of deferred payments, which formed one of the 
conditions of purchase, had been objected to, and he was 
not disposed to say it should not be modified, though he 
thought it was a prudent provision. The mover did not 
deem it necessary to dwell upon other clauses of the Bill, 
as they dealt with matters of less importance. The adjourn- 
ment of the debate was, at a late hour, negatived by 30 



334 New South Wales. 

to 16 ; and subsequently the motion passed without diyision^ 
and the Bill was read a second time. 

Mr. B/obertson then moved the second reading of the 
Crown Lands Occupation Bill, and said that it was substan- 
tially the same Bill as that before the House last Session. 
It passed its second reading without division. 

On the 7th February, the House went into Committee on 
the Alienation Bill; and having received in Committee 
no very material alterations, it was on the 27th March 
read a third time, passed, and sent to the Legislative Council ; 
as was also the Crown Lands Occupation Bill. 

In order to ensure the passage of the Land Bills through 
the Legislative Council, Mr. Robertson, the Secretary for 
Lands, on 28th March resigned his seat in the Legislative 
Assembly, and on 3rd AprU was sworn as a Member of the 
Legislative Council. 

On 4th April, in the Legislative Council, Mr. Robertson 
moved the second reading of both Bills. On 10th April the 
the Crown Lands Alienation Bill was read a second time ; on 
the 16th, it was considered in Committee of the Whole ; and 
on the 6th May, having passed through Committee, it was 
read a third time, passed, and returned to the Assembly with 
amendments. On the 9th April, the Crown Lands Occupa- 
tion Bill was read a second time, passed its subsequent stages, 
and on 10th May was sent to the Assembly with amendments. 

The Council's chief amendments in the Bills exempted 
from the operation of the free selection clause the Crown 
Lands held under lease or promise of lease in the unsettled 
districts ; increased the free selectors' deposit from 25 to 60 
per cent. ; refused to limit the pre-emptive right to 640 acres 
in a block ; and extended the leases in the unsettled districts 
from five to ten years. 

The most material of these amendments were rejected by 
the Assembly. On the Alienation Bill being again sent back 
to the Council, that House agreed to forego some of their 
alterations, but refused to give way upon the questions as to 
what lands were to be exempted from free selection, and as 
to the amount of the free selection deposit. 

At this juncture twenty-one new Members were appointed 
to the Legislative Council. The effect of these appointments 
was to bring about a Parliamentary crisis, which is thus 
described in the Journal of the Legislative Council : — 

''The Fi*esident, standing on the upper step in front of the Chair, said 
that a few minutes before entering the Chamber the Secretary for Lands had 



Owemor Young. 385 

informed him, rerballj, of the appointment of a number of new Members ; he 
had not been consulted or previously communicated with in reference to these 
appointments, and he felt he had been treated with discourtesy in this matter, 
in not having received the usual communication from the Private Secretary ; 
he had held the office of President in honor, and, as he could not consent now 
to hold it in dishonor, he had resigned, not only his office of President, but 
also his seat as a Member of this House. 

" Sir William Burton then descended from the upper step in front of the 
Chair, and withdrew from the Chamber, followed by several Members of the 
House ; — 

^ And the Chairman of Committees being also absent ; — 

" The Clerk, standing at the head of the Table, on the right of the Cliair, 
said, * It is now my duty, in the absenoe of the President and Chairman of 
Committees, to declare, under the 7 th section of the Standing Orders, that 
this House stands adjourned until the next sitting day.' 

^ And the House stands adjourned accordingly." 

The same evening, in the Legislative Assembly, Mr. Cowper 
said that, as it was quite possible there would be no further 
meeting of that House that Session, he would take the 
opportunity of addressing a few words to the House in respect 
to the statement of the President of the Legislative Council. 
Having been informed by the Secretary for Lands of wha* 
had taken place, he had written a note to the Principal 
Under-Secretary of the Government, asking whether the 
letter which invariably accompanied official communications 
to the President had on this occasion been omitted ; and he 
had received a reply stating that the usual routine had been 
observed. The statement that the President had received 
only a verbal intimation was, therefore, inconsistent with fact. 

The Session of Parliament was that day ended by Procla- 
mation. 

In Conunittee of Ways and Means on 31st January, Mr. 
Weekes' resolutions imposing certain Customs duties on spirits 
and tea were agreed to. Bills embodying these principles 
were, on 6th February, passed through aU their stages in the 
Assembly. But in the Council the second reading of the 
Customs Duties BUI was rejected by 19 to 4 ; and the Order 
of the Day for the second reading of the Colonial Spirits 
Duties Bill was thereupon discharged from the paper. 

A Bill to amend the Constitution of the Legislative 
Council was introduced by Mr. Cowper on 17th January, 
and its second reading was moved on the 24th January. 
Mr. Cowper said that a popular reform of their branch of 
the Legislature had already worked well, and therefore he 
felt justified in applying the same principles to the other 
House. Those persons who once advocated nomineeism were 



336 New South Wales. 

no longer advocates of it. The present nominated body 
would expire on the 13th of May, and it was to be regretted 
that the Legislative Council had not originally been made 
elective. Now, however, the life nominations appeared to be 
inevitable ; but they would only be made nominally for life, 
and if that BiU passed they would have to give way to its 
operation. He was strongly in favour of two Houses. In 
making this change he did not see the necessity for any 
alteration of the franchise. Indeed, if the Legislature consis- 
ted of fifty Members, and twenty sat in one House and thirty 
in another, with no other difference, he believed they would 
work better so than in one Chamber. He did not attach 
much value to property qualifications, and his Bill proposed 
to extend the existing franchise to the Council. The candi- 
dates would be elected for ten years, and would retire periodi- 
cally. The electoral districts would be twice the size of those 
for the Assembly, and the House would be dissolvable by the 
Crown. He was prepared to give way to some extent on the 
question of the size of the electorates, and also as to the 
power of dissolution. The Bill passed through Committee 
with but one important alteration — ^the omission of the 
proviso which made the Council dissolvable by proclamation. 
On the 11th April the Bill was read a third time, and trans- 
mitted to the Legislative Council with the usual message. 

In the Legislative Council, on 19th April, Mr. Hargrave 
moved the second reading of the Bill. An amendment was 
moved by Mr. Docker, shelving the second reading till the 
14th May next, which was carried on division by 22 to 6. 

A Gold-fields Bill was introduced on 17th April by Mr. 
Cowper. In moving its second reading, on the 24th April, 
Mr. Cowper explained that the Bill was brought in to pre- 
vent a recurrence of the disorders that had taken place at 
Lambing Plat. Aliens would only be allowed to work on 
fields specially proclaimed for them. The charge for the 
miner's right was increased in anticipation of the repeal of 
the gold duty, and some change was made in the constitution 
of the local Courts. The Bill passed, and was sent to the 
Council on 3rd May. It passed through that House with 
trifling amendments, but its further progress was stopped by 
the Prorogation. 

A Bill — introduced by Mr. Cowper for the better Regula- 
tion of Coal-fields and CoUieries — ^passed the Assembly ; but 
the motion for its second reading in the Council was 



Governor Young. ' 337 

shelved by a resolution that it be read a second time that day 
six months. 

The question of Assisted Immigration was brought before 
the House by Mr. Rotton, who on 23rd April moved for a 
Committee of the Whole to consider the propriety of placing 
the sum of £100,000 on the Estimates for the purpose of 
promoting immigration. After a long debate, an amendment 
by Mr. Leary, reducing the Esthnate to £50,000, and in- 
serting the word "assisted" in the resolution, was carried 
by 28 votes to 26. The resolution was on 26th April agreed 
to in Committee, and on 7th May a Bill for carrymg this 
resolution into effect — the Voluntary and Assisted Immigra- 
tion Eund Bill — ^passed through all its stages. 

On 1st May Mr. Parkes moved for a Committee of the 
Whole, in which, on 3rd May, a resolution was passed agree- 
ing to a vote of £5,000 for the expenses of lecturers and 
agents in Great Britain and Ireland, with a view to inducing 
voluntary immigration. Soon after the vote was passed, the 
Gfovemment offered the position of Commissioners for this 
purpose to Messrs. Parkes and Dalley. They accepted the 
appointments, and shortly afterwards left for England. 

On 26th Eebruary Mr. Lucas introduced a Bill to regulate 
Chinese Immigration. It passed the Assembly, but was 
shelved in the Council on 2nd May. 

A Bill was, on 23rd January, introduced by Mr. Wilson, 
to declare the Church and School Lands waste lands of the 
Crown, which was read a second time on 1st Eebruary, by 
a majority of 39 to 12. On the llth April the BUI passed, 
and was transmitted to the Legislative Council for its con- 
currence. In that Chamber, however, the motion for its 
second reading was by leave withdrawn, on the 29th April. 

On the 6th February a message from the Governor was 
read recommending to the Legislative Assembly the 
appropriation of a sum of £3,000 to enable the Government 
to make provision for the adequate representation of New 
South Wales at the Exhibition of the Industry of all Nations 
to be held in London in the ensuing year. In Committee of 
Supply on the 20th February, the vote was passed. 

The Sydney Revenues Improvement Bill, framed by the 
Municipal authorities, and entrusted to Mr. Parkes, as one 
of the city members, proposed to afford relief to the City 
Corporation by certain Government endowments, and the 



388 New South Wales. 

conferring of certain powers, Mr. Farkes, on 2nd Maroli, 
moved the second reading of the Bill. Mr. Bobertson moved 
an amendment that the BiU be referred to a Select Com- 
mittee, which course was adopted, with the consent of the 
mover. 

A Bill providing for the construction of a tramway line was 
introduced by the Secretary for Public Works, On the 28th 
February Mr. Arnold moved its second reading. The 
present measure, he said, had been framed in conformity 
with the recommendations of a Committee of the late House. 
The tramway would afford a commodious conveyance for pas- 
sengers, and would be carried down the centre of the street, 
leaving 16 feet between the rails and the kerbing on either 
side. The motion passed by a majority of 36 to 16. Having 
passed the Assembly, the Bill was sent to the Legislative 
CouncU, whence it was returned with amendments; these 
were agreed to, and the Governor's assent was reported on. 
8rd May, 

At the commencement of the session Mr. Farkes obtained 
a Select Committee to report upon the state and manage- 
ment of the prisons in the city of Sydney and county of 
Cumberland. On the 9th May the Committee brought up 
their report, which recommended that in carrying out the 
sentences of the courts, good conduct should be taken into 
account by the Executive, so as to encourage the prisoner to 
accomplish his own redemption by a reformed course of 
life ; that an Inspector of Prisons be appointed, to whom 
should be entrusted the entire supervision of the prison systemi 
of the Colony ; that classes for secular instruction shoidd be 
established ; that a better description of books, and greater 
facilities for religious teaching, be provided ; that suitable 
labour be provided both for the self-support of the prisoners, 
«iid for their befttment for an honest course in after-life ; 
that they be enabled to leave prison decently clothed ; that 
a tower be erected in Darlinghurst Gaol, to enable the 
officers in charge to command a fuller view of the prisoners ; 
that better sanitary provisions be adopted ; and that suitable 
buildings be erected for the performance of Divine worship. 

The question of the validity of the election of Mr. Thomas 
Ware Smart, as member for the electorate of the Glebe, 
was, on the petition of Mr. William Palmer Moffat, referred 
to the Elections and Qualifications Committee, who reported 
in favour of the sitting member. 



Governor Young. 339 

A resolution, moved by Mr. Wilson, that the Export Duty 
on Gold should not be levied after the Slfit December, 1861, 
Tfras carried on the 19th April, by 29 votes to B. 

Mr. Parkes again, this session, introduced a Bill for the 
Abolition of Capital Punishment. After a debate extending 
till past midnight of the 25th January, the second reading oi 
the Bill was defeated by 25 votes to 16. 

The subject of the dismemberment of the Colony was 
brought before the attention of the House by Mr. Cowper, 
who, on 8th May, moved a series of resolutions as follows :— 

'* That this House, having been informed that Petitions have been prepared 
with the view of being tnmsinitted to Her Most Gracious Majesty, praying 
for the sepai'ation of the districts of the Clarence, New England, and Tenter- 
field, from New South Wales, resolves : — 

(1.) That in the opinion of this House, no further dismemberment of tliis 
Colony, by the separation of any territory lying between the 
thirtieth pamllel of south latitude and the southern boundary of ^he 
^ Colony of Queensland, can now lawfully be made without the 
concurrence and consent of the people and Legislature of New South 
Wales, because by the issue of the said Hiettera Patent, defining the 
boundary between the said Colonies, Her Most Gracious Majesty 
has exennsed and exhausted the powers reserved by the Act of the 
Imperial Parliament, passed to enable Her Majesty to assent to a 
Bill, as amended, of the Legislature of New South Wales, to confer 
a Constitution on New South Wales, and to grant a Civil List to 
Her Majesty. 

(2.) That such dismemberment by the Imperial Government would be in 
breach of the pledge of the Bight Honorable the Secretary of State, 
as ocaitoinBd in His Gmoe the Duke of Newcastle's despatch of 18 
August, 1859. 

(3.) Thatihis House earnestly deprecates any such dismembei*ment, as 
being not only inexpedient on general grounds, but highly injurious 
to the interests of New South Wales. 

(4.) That an address be presented to His Excellency the Administrator 
of the Government, praying that His Excellency will be pl^used to 
cause a copy of the foregoing resolutions to be transmitted to Her 
Majesty ^6 Principal Secretary of State for the Colonies." 

Mr. Morris moved an amendment to the effect that the 
good government of all portions of this Colony was of higher 
importance than its dismemberment, either by the alteration 
of the boundary-lines of the adjoining Colonies, or by its 
separation into independent Colonies. The original question 
passed by 32 to 6. 

The gold-field recently opened up ut Burrangong having 
proved extraordinarily rich, caused, as noted in a previous 



340 New South Wales. 

chapter, a great rush thitherwards. When, at the end of 
January, 1861, crowds of Chinese arrived on the ground, the 
miners held a great public meeting, for the purpose of deciding 
" whether Burrangong was a European or a Chinese territory." 
They also addressed a petition to the Assembly, which was 
presented by Mr. Robertson on the 12th February, com- 
plaining of the recent arrival at Burrangong of several 
thousand Chinese, and praying that such a measure might 
be passed by the House as should relieve them of all Chinese 
who had occupied or intended to occupy those gold-fields. 
Unfortunately peaceful measures were not the only ones 
resorted to, for the meeting above referred to culminated in a 
riot. After various inflammatory speeches, a band struck 
up, and the crowd moved towards the place where the 
Chinese were located. The Commissioner cautioned the 
mob against using violence. The Chinese hurried away 
before their victors, a few tents were burned down; and 
while the bulk of the diggers were engaged in " shifting " 
the Chinese, a drunken fellow galloped over two or three of 
them. Whereupon he was locked up. On the return of the 
diggers, they demanded the release of the captive; and as 
the threats and demeanour of the mob, numbering up- 
wards of 4,000, grew very alarming, and there were only 
eight policemen to guard the place, the Conmiissioner 
consented to take responsible bail. This was found, the man 
was released, and next morning he duly appeared before 
the Commissioner, who reprimanded, cautioned, and dis- 
charged him. A Miners' Protective League was then formed 
on the gold-field, having the twofold object of creating a 
body of miners' police, and of ridding the field of the 
Chinese. The information concerning the riot had in the 
meantime been communicated to the Government in Sydney, 
and instructions were issued resulting in the assembling upon 
the Lambing Plat of a body of fifty mounted troopers. A 
deputation from the Chinese to the Commissioner stated 
that many amongst them were starving ihrough having been 
turned off their claims, which had been ** jumped" by 
Europeans. 

Biotings now became very frequent, and so great were the 
fears of a general outbreak that urgent appeals were made 
by the officials to the Executive for the aid of the military. 
A force, therefore, consisting of two officers and forty- two 
men of the Boyal A.rtillery, with two 12-lb. field-pieces. 



Oovemor Young. 341 

seven officers, and 123 men of the 12th Regiment, and 21 
mounted police, was despatched from Sydney on Monday, 
23rd February. 

On the 26th Pebruary, in the Assembly, Mr. Cowper 
explained the action of the Government in the matter, and 
stated that there had been some difficulty in deciding what 
officer should be entrusted with the direction of the military. 
The next day the announcement was made that the Premier 
himself had proceeded to Burrangong. On 28th February, 
in moving that leave of absence be granted to the Premier, 
Mr. Robertson explained the reasons which had induced the 
Cabinet to send the Chief Minister of the Crown to the 
scene of disorder : Firstly, that although all difficulties were 
to be settled, if possible, without bloodshed, the law was to 
be upheld at any cost; and secondly, that under all the 
circumstances the supreme conduct of affairs at these dig*- 
gings should be entrusted to a civilian. 

On his arrival at Lambing Flat Mr. Cowper was well 
received by the miners. On the Tuesday following a great 
s-ggregate meeting of miners was held, which Mr. Cowper 
addressed, refuting the statements made in the manifesto of 
the Miners' Protective League, and showing that they had 
no good grounds for the attitude they had assumed. On 
the following Saturday, at Stony Creek, Mr. Cowper addressed 
a monster meeting of miners, informing them that the 
authority of the law, at whatever cost, would be upheld ; and 
not imtil confusion and riot ceased could they hope to 
attain any redress. Mr. Cowper then returned to Sydney ; 
the excitement thereafter rapidly subsided ; a new rush to 
a locality named Tipperary Gully carried away the miners, 
to the number of some 6,000, from the scene of their former 
disputes; and the Chinese withdrew themselves to other 
fields. 

The return of Mr. Wentworth to the Colony was an event 
which the colonists deemed erf so great importance that they 
determined to give him a public reception. The Assembly 
adjourned from Wednesday the ITth^ until Friday the 19th, 
so that members might take part in the demonstration. The 
Supreme Court stayed its proceedings, and private business 
was suspended in many quarters. The reception of Mr. 
Wentworth was most enthusiastic. A great number of 
people went down the harbour to meet him, and on his 



342 New South 

landing, the following address was pieaented to him. by Mr. 
James Martin : — 

" To WiUiam Charles Went worth, Esq.,— 

" Sir, — Sach of your old friends as have been eoEiabled on a very ^ort 
notice to assemble for that purpose, have met together to greet you on your again 
setting foot upon your native shore& Neil^er your seven years' absence, nor 
the change which has in that time taken place in the aspect of public affidra^ 
has diminished our admiration of the many services which you have rendered to. 
thiBCOuntry. 

" Your early and long-continued labours for its advancement — ^your ener- 
getic struggles for true Constitutional freedom — your manly assertion of 
whatever measureayour own judgment assured you to be correct — the dis- 
tinguished abUity which has marked all your efforts — cure still fresh in our 
memory. Other actors have since your departure come upon the staga Some 
during your absence have made their appearance and have already passed 
away ; but we recognise you as the first of all our public men, and rejoice that, 
though in the evening of life, you again join us in die full possession of your 
faculties, and with strength to make those faculties again available for the ser- 
vice of your country. It would be unbecoming in ua, on aii occasion like the 
present, to compare or contrast your political proceedings with the proceedings 
of those who, from time to time, have succeeded you as the objects of popular 
admiration. Whatever may be the regard in which other public men of this 
country, past or present, may hereafter be held, we think that we are justified 
in considering that your position in your country's annals is already fixed, at 
that of a true patriot, whose manliness, abUity, and independence of character 
have reflected credit both on himself and on the land of his birth. In these 
days of Responsible Grovemment, when our political interests are confided* 
to our keeping, and our own fellow cokmistB are hereafter to be our own rulers, 
it is of the greatest importance that they should have some fitting standard of; 
excellence at once to prompt and guide their ambition. It is fortunate that at 
so early a period in our history we have been able to find one so eminently 
fitted for that purpose as yourself, and with the fullest sense of the obligations 
which you have conferred upon us, we assure you at the first moment of your 
landing, of the gratification which it afiTords us to see you and your family onoe 
more amongst us,. and we give you and them an honest and a hearty weloQioe. 

(Signed) " JAMES MARTIN, 

" Chairman of the Committee, 
" (For and on behalf of the colonists joining 

^^ in the present demonatration.)'^ 

To which Mr. Went worth made the following reply : — 

'^ To James Martin, Esq., and the gentlemen signing the address, — 

"Your unexpected and highly flattering address and reception have 
afforded me unfeigned satis&ction. Yo^r appreciation of my past services ia 
iur beyond my deserts; and, I fear,. that at my time of life, I have neither, 
health nor energy to attempt a new political career, whatever might be my 
inclination. I must, then, be satisfied with tlie past^ and leave to younger and 
more ardent spirits the task of consolidating the liberties of this dear land, 
which I have so long loved. Fervently hoping that any doviaitions from tma: 
constitutional government which have occurred during my absetOioe will be set 
to rights by the good sense and patriotism of the people, I return yoamy hearty^ 
acknowledgments for your address. 

"W- C. WENTWORTH.'* 



Governor Young ^ 34S 

The reading both of ttie address and the reply was fre- 
quently interrupted by outbursts of applause ; and amid great 
cheering Mr. Wentvrorth started for his residence at Vaucluse,. 
whece, for some time^ he remained in retirement. 

Parliament haying been prorogued on 10th May, owing to 
the circumstance transpiring in the Legislative Council 
which has been before related, a somewhat serious difficulty 
arose as to the nominations for a new Legislative Council in. 
place of the one whose deliberations had ended by thQ rosig- 
nation of the President, and of the Opposition in a body. 
Owing, too, to the fact that the period for which the first 
Legislative Council was nominated had expired before any 
Act had been passed providing for its reconstruction, the 
difficulty experienced by the Government was greatly aug- 
mented. The third clause of the Constitution Act set forth 
that ^^ all Members of the said Legislative Council who shall 
be summoned thereto after the expiration of the said five 
years by the Governor with the advice of the Executive 
Council as aforesaid shall hold their seats therein for the term 
of their natural lives," — so that the nominations about to 
be made would be for life. 

In this situation, Mr. Cowper called to his aid Mr. Went- 
wortii, with whom he had several interviews, and to whom he 
oflFered the position of President of the Council. This offer 
Mr. Wentworth accepted. 

Prom the list of names submitted to Sir John Young for 
appointment to the new Legislative Council, His Excellency 
selected twenty-seven, six above the minimum number. In 
his anxiety to secure the services of those whose abilities or 
public services rendered them most eligible to the high office, 
Sir John Young obtained the advice of Mr. Deas-Thomson 
and of other gentlemen of high position and long experience 
in the Colony. 

On the 12th June the following extract from the Minutes 
of the Executive Council (which was made an enclosure to 
each of the gentiemen to whom His Excellency had offered 
seats in the Legislative Council) together with an Appendix 
containing a list of names, was officially issued : — 

*' TTift Excellency the Governor directs the attention of the Gouncil to the 
neceesity which exLsta for the appointment of a new Legislative Council, in 
terms of the 3rd clause of the Constitution Act, the period for which the 
original Members held their seats having expired on the 13th of May last 



341 New South TTales. 

*^ 2. His Excellency lays before the Council a list of twenty-seven gentlemen, 
to whom, it appears to him, seats may, with propriety, be offered, and desires 
the advice of the Council on this point, and generally also in reference to the 
question. 

" 3. The Council express their full concurrence in the necessity of at once 
nominating the Members of the new Council ; but, keenly alive to the diffi- 
culties which surround the selection of the gentlemen to be nominated, they 
approach a decision upon the question with feelings of no ordinary anxiety. 

*' The subject has, however, engaged their serious attention for some time 
past, and having now again given to it that consideration which its importance 
demands, they are led to the conclusion, that in making these appointments 
the following principles should be distinctly kept in view : — 

'* 1st. It is essential that the Legislative Council should, as speedily as 

possible, be reconstructed on an elective basis. 
" 2nd. It is equally essential that the Land Bills, as last agreed to by the 

Legislative Assembly, should be passed without delay ; and 
<< 3rd. That the Government should have in the Council a fair working 

majority. 

^' 4. These are principles which, in the opinion of the Council, pervade the 
community, and to which they feel that they are bound to give effect. 

" 5. The Council believe that the list submitted to them by His Excellency 
will give the Government a fair working majority ; and in the expectation 
that the gentlemen named in it will adopt these principles in deference to public 
opinion, and in a generous spirit, they are prepared to advise that seats in the 
Legislative Council be offered to them, as set forth in the said list, a copy of 
which is hereto appended. 

'' 6. The Council also recommend that a copy of this Minute should accom- 
pany the letter which His Excellency may direct to be addressed to each 
gentleman ; and as a fitting tribute to the eminent services conferred by Mr. 
Wentworth on the Colony, they finally advise that His Excellency should 
request him to accept the office of President." 

Several gentlemen declined; and on the 24th June the 
following list of names of the gentlemen who accepted was 
published in the Oovemment Gazette : — 

" Allen George, " Mitchell James, 

" Byrnes William, " Plunkett John Hubert, 

" Campbell John, " Robertson John, 

" Darvall John Bay ley, " Robey Balph Meyer, 

" Fitzgerald Robert^ " Russell Bourn, 

" Hargrave John Fletcher, " Russell William, 

" Holden George Kenyon, " Scott Alexander Walker, 

" Kemp Charles, '< Thomson Edward Deas, 

'^ Macfarlane John, <' Ward Edward Wolstenbolme, 

" Macarthur Alexander, " Watt John Brown, 

'' Manning Sir William Montagu, '^ Wentworth William Charles. 

'^ Merewether Francis Lewis Shaw, 

The appointment of Mr. Wentworth as President of the 
CouncU was announced in the same Gazette. 

The Second Session of the Fourth Parliament of New 
South Wales was opened on the 3rd September, 1861. The 
Governor (Sir John Young), in addressing the Parliament 



Governor Young. 345 

for the first time, congratulated the Colony on the possession 
of political institutions which, if the spirit of wisdom and 
moderation inspired their counsels, were well calculated to 
develop the energies of the people and the resources of the 
countiy ; on the flourishing condition of the revenue ; and 
on the fact that the gold-fields continued to increase in 
number and productiveness. The result of the Census which 
had just been completed showed, notwithstanding the sever- 
ance of Queensland, that during the last five years the popu- 
lation had increased by 100,000 — the Census returns giving a 
total population of 350,000. It was hoped that the measures 
which would be submitted would receive candid and careful 
consideration. Some of them had already been under the 
consideration of Parliament and earnestly demanded atten- 
tion. A speedy and satisfactory settlement of the Land 
question became daily of more pressing importance, and it 
was an object of great interest to provide for the Constitution 
of the Legislative Council on an elective basis. The BUls 
for the management of the Gold-fields and for dealing with 
the Chinese question might be considered of scarcely less 
moment. Contracts had been made for completing all the 
authorized lines of Railway and largely extending telegraphic 
conmiunication. A Bill to empower the Government to con- 
clude a treaty with the Government of Victoria with reference 
to the Customs duties on goods crossing the Murray from that 
Colony would be submitted to Parliament. A Bill to provide 
for a system of general management for the Police Force was 
also announced. 

The question of land legislation was the first to engage 
the attention of the Parliament. In the Legislative Council 
the Land Bills were introduced and read a first time on the 4th 
September ; but on the 11th, on the motion of Mr. Bx)bertson, 
they were withdrawn. Mr. Bx)bertson explained that he took 
this course because there were grave doubts in the minds of 
some as to whether the Land Bills were or were not money 
Bills. Believing that it was very undesirable that a question of 
the kind should be raised upon a matter where it was so impor- 
tant that they should have speedy legislation, or that there 
should be any collision between the two Houses, he would 
withdraw the Bills, and they would be brought forward in 
the other House of Legislature. 

The Crown Lands Alienation Bill and the Crown Lands 
Occupation Bill were introduced in the Assembly on 18th 



S4^ New South Walea. 

September by Mr. Cowper ; and were read a second time on 
the 19th September. An amendment on clause 6 of the 
Alienation Bill, excepting Church and School lands from its 
operation, was moved by Mr. Gray, and negatived by 24 to 
6. Both Bills were passed through all their stages at liiat* 
sitting and transmitted to the Legislative Council by message 
on the following day. 

In the Council they were read a first time on the 25th 
September. On the 26th the Crown Lands Alienation Bill 
was read a second time; was considered in Cbnmuttee on 
the 1st and 3rd October ; was recommitted on the 11th, and- 
read a third time, passed, and returned to the Assembly by 
message on the 17tii October. The Occupation Bill was read 
a second time on the 2nd October ; on the 9th, 10th, and 
11th was considered in Committee ; and on the 17th passed 
its final stages, and, together with the Alienation BiU, wa* 
returned to the Assembly with amendments. The most 
important of these made in Committee was as to the 
eflFect of the repeal of the Orders in Council; but subse- 
quently, on the recommittal of the Bill, the clause was, on 
the motion of Mr. Robertson, restored to its original form. An 
amendment suspending the operation of free selection in cases 
where persons had applied for the land and paid on it a deposit 
of 10s. per acre, was proposed ; but the President gave it as his 
opinion that in accordance with the precedents contained in 
Hatsell, vol. 3, and in the fourth edition of May, in respect 
to Bills of a similar nature, the Bill must be taken to be a 
Money BiU; and although it could not be doubtied that, 
under section 1 of the Constitution Act, the power of dealing 
with such Bills in any way whatsoever, subject to the proviso 
contained in the said clause, was granted to the Council, 
nevertheless as under the first section of the Standing Orders 
it is laid down that " in all cases not hereinafter provided* 
for,, resort shall be had to the rules, forms, and practice of 
the Upper House of the Imperial Parliament," and as tiie 
practice of that House, in reference to such Bills, had been, 
of late years not to insist upon their right to alter or amend 
the same, it would not be competent for the Committee to 
entertain the proposed amendment. The only debate which 
occurred on the committal of the Occupation Bill was on the 
clause conferring on the Government the power of proclaim- 
ing lands in the TJnsettied Districts to be within the second 
class Settled Districts. An amendment was proposed by Mr. 
Holden to the eflFect that " all districts now being of the class 



Oovemor Young. S4H 

of Unsettled Districts under the Orders in Council shall he 
and hecome of the second class Settled Districts under this^ 
Act/' The amendment was lost, and the clause was carried 
hy a majority of 11 to 8. The only amendment of any 
iniportance made hy the Council in the Bills related to the 
depth of land to he allowed to conditional purchasers (which 
was increased from 40 to 60 chains) and was carried hy 
'tile casting vote of the Chairman. The amendments, on 
heing sent down to the Assembly, were agreed to ; and on 
the 18th October, 1861, the Land Bills received the Gover- 
nor's assent. 

A Chinese Immigrants Begulation and Bestriction Bill 
was introduced into the Legislative Assembly by Mr. Cowper. 
On moving the second reading of the Bill on 25th September, 
the Premier explained that this measure practically embodied 
the legislation of Victoria on the subject. It provided for a 
penalty of £10 upon the owner, charterer, or master of any 
vessel, for every Chinese passenger arriving at the port in 
excess of one to every ten tons of the ship's tonnage ; and 
likewise for the payment of £10 by each Chinese before being 
permitted to land. It also provided for an annual payment of 
£4 by each Chinese during his residence in the Colony, and 
there was a clause against the naturalization of Chinese. 
The Bill was read a second time without debate ; went 
12ut)ugh Committee without material alteration; and was 
passed and transmitted to the Legislative Council on the 261ii 
September. In that Chamber the Bill was read a second 
time on the 9th October, passed on the 23rd, and returned 
to the Assembly with amendments. On the 30th October, the 
Assembly considered these amendments, disagreeing from 
those extending the period after which the Bill was to come 
into operation, but agreeing to all the others. The Bill,, 
having passed its final stages,, was assented to on the 27tli. 
November. 

The Gold-fields Bill — ^identical with that which passed in the 
previous Session, and which fell through owing to the proro- 
gation — ^passed both Houses, and was assented to on the 
27th November. 

Legislation on the Church and School Lands question was 
again attempted this Session. On the 13th September, in 
the Legislative Assembly, Mr. Wilson moved, — 

"(1.) That the appropriation, by the Government, of the revenue derived 
ham the so-ealled Church and School Lands, ^thont the sanction of this Hdnae^ 
ia 



348 New South Wales. 

<'(2.) That the revenue derived from these lands ought to be paid into 
the Consolidated Fund, and be subjected to the vote of this House.'' 

The resolutions were carried by a majority of 22 to 14. 
When the House again met on the 17th September, Mr. 
Cowper made a Ministerial explanation with reference to the 
vote arrived at regarding the Church and School Lands. 
He said the Ministry thought, whatever might be their duty 
under ordinary circumstances, that having pledged themselves 
to carry certain measures, they were bound not to abandon 
their offices for the present, unless a direct vote of the House 
should take it out of their hands. Moreover, he hoped that 
fewer " abstract questions" would be brought forward. In 
the matter of these lands the Government thought nothing 
should be done until a Bill had been passed. 

• On the 24th September, Mr. Wilson obtained leave to 
introduce a Bill to remove any doubts that might exist as to 
the so-called Church and School Lands being waste lands of 
the Crown. On the 25th October the Bill was passed and 
sent to the Legislative Council ; where after a two nights* 
debate a motion for the second reading of the Bill that day 
six months was, on the 21st November, carried by a majority 
of 12 to 3. 

A Bill to reduce the salary of future Grovemors to £5,000 
— ^introduced by Mr. Hoskins — ^was passed through all its 
stages in the Legislative Assembly, but in the Legislative 
Council its second reading was rejected by a majority of 
18 to 2. 

The Police Regulation Bill — ^a measure introduced by 
Mr. Cowper for bringing all the police of the Colony under 
one central authority — ^was read a second time in the Legis- 
lative Assembly on the 27th November. The Bill purposed 
to adopt the Irish constabulary system, and to divide ttie 
Colony into nine districts, each to be placed under the charge 
of a superintendent, with inspectors and sub-inspectors — 
these officers to be placed in the social position of gentlemen, 
their relative rank to be that of captain, lieutenant, and 
ensign. No material amendments were made in the Bill by 
either House; and on the 20th January, 1862, the Grovemor's 
assent was reported. 

The Murray River Customs' Bill— a Bill of one clause, 
authorizing the Government to enter into an arrangement 
with the Colony of Victoria in regard to Customs duties 
which the Government of New South Wales did not collect, 



Oovernor Young. 349 

but for which they were entitled to receive an equivalent 
sum — ^passed through both Houses with a slight alteration, 
and received the Governor's assent on 10th January, 1862. 
A similar Act, respecting the collection of duties on goods 
crossing the boundary between New South Wales and 
Queensland, was passed through both Houses at a later 
period of the Session ; and was reserved for assent, which was 
proclaimed on 24 July, 1862. 

A Bill to amend the constitution of the Legislative 
Council was introduced by the Attorney-General (Mr. 
Hargrave) on 13 November. It was precisely similar to 
that passed by the Legislative Assembly in the preceding 
Session, and provided for election under universal suffrage 
without property qualification of the Members, the only 
difference between the proposed Council and Assembly being 
that the former would consist of half the number of Mem- 
bers, and that the constituencies would be larger. On the 
motion for its second reading being made, on the 6th Decem- 
ber, Mr. Merewether mov^ an amendment referring the 
Bill to a Select Committee- After a lengthy debate, extend- 
ing over several nights, the amendment was carried by a 
majority of 13 to 3, and the Bill was referred to a Select 
Committee. At the close of the Session this Committee 
brought up a Progress Report, wherein they stated they had 
discussed the subject, but had not had time to mature their 
views. 

The nominations for life which had been made by the 
Government to the Legislative Council furnished subject for 
debate in the Assembly. On the l7th September Mr. Forster 
moved for copies of certain correspondence on the subject. 
The question passed ; and in response to the request of the 
Assembly the following message was transmitted to the 
House on the 1st of October : — 

" His Excellency the Governor will have the honor to lay before the Legis- 
lative Assembly, in reply to the Address of the 17th ultimo, the documents 
with reference to the nominations for life to the Legislative Council, with the 
exception of such as, in view to the public interest and the confidence which 
should subsist on similar occasions, it is deemed inexpedient to make public/' 

Relative to this, Mr. Forster, on the 29th October, moved 
that the House resolve itself into a Committee of the Whole 
to take the Governor's Message of the 1st October into con- 
sideration, and also to consider the propriety of framing 
another Address in answer to the said Message. During the 
debate which ensued Mr. Allen moved the previous question. 



BSD New South Wales. 

The Houfie divided — Ayes, 22 ; noes, 21. The original 
question was then put and carried on a division of 24 to 19. 
The following resolution was, later, reported from Com- 
mittee : — 

" The LegiBlative Assembly having taken into consideration His Excellency 
the Governor's Message, No. 1, dated the 1st instant, cannot avoid ezpreflaing 
its regret that the Executive Government should deem it inexpedient to lay 
before this House any documents of a public nature, having reference to a 
matter of such vast public interest and importanoe as the late Nominations for 
life to the Legislative Council, particularly upon the grounds set forth in the 
Message, namely, ^ in view to the public interest, and the coniidence which 
.should subsist on similar occasions.' 

'' On the contrary, it appears to the Assembly that the public interest and 
the confidence which should subsist on all occasions between the Executive 
Government and this House, require all the documents specified in the 
Address of the 17th ultimo to be laid before the House. 

<< The Assembly had no intention in that Address to make any claim for 
copies of private correspondence, but it feels compelled, in the performance of 
its duty to the Country, respectfully to pray that His Excellency the (Jovemor 
will cause all documents of a public nature, specified in the said Addreas, 
which are now withheld, to be laid before the House." * 

Mr. Porster moved the adoption of the Tesolution, which 
was carried by a majority of 22 to 18. Three weeks later 
Mr. Forster moved that an Address, transmitting to His Excel- 
lency the above resolution, be presented to the Grovemor, 
which motion was lost on a division of 17 to 14. 

On the 20th September Mr. Buchanan moved a series of 
resolutions respecting the undesirablenessof giving precedence 
to any religious sect on State occasions, and setting forth 
that perfect religious equality should be preserved. Amend- 
ments, moved by Mr. Sadlier and Mr. Wilson respectively, 
having been made in the original motion, the question — 

" (I.) That it is the opinion of this House that precedence should not be given 
to any religious denomination in the Colony, nor to the dignitaries of any 
Church, on State occasions. 

'* (2.) That the above resolution be embodied in an address to the Governor, 
with a request that His Excellency will be pleased to transmit the same to 
the Principal Secretary of State for the Colonies, for presentation to Her 
Majesty." 

— ^was passed without division. 

The Colonial Treasurer made his Pinandal Statement on 
the 24th October, 1861. Mr. Weekes, in moving ^pro-formA 
motion for supply, said that before submitting the details of 
the country's financial position, he desired to refer to certain 
comments which had been made by the leading journal of the 
Colony involving doubts as to the correctness of the pubKc 



Governor Young. 351 

accounts previously submitted to the Assembly. Although 
he hoped no member would ever believe that any Minister of 
the Crown would present what he knew to be fictitious 
accounts to the House ; stUl, he had deemed it desirable to 
liave a statement prepared that would enable honorable 
members more easily to determine the true condition of affairs 
for themselves. An aocount current of the revenue and 
expenditure from the 1st January, 1856, to 31st December, 
1860, was the document referred to. This started on the Ist 
January, 1858, with a deficit of £95,000. Then followed the 
total estimated charges on the revenue for 1858-59-60, viz., 
£6,236,421 lis. 3d. These charges, however, were reduced 
by savings on amounts voted, and votes not required, to 
£5,811,769 Is. Id. Concerning liiese savings, which had been 
f^ed by some people " a mysterious fund from which Minis- 
ters might dip at pleasure, and create balances to suit their 
purposes,*' he was anxious to explain that such savings were 
necessarily effected from time to time, and the lapsing of votes 
consequent thereupon was the cause of many supplementary 
estimates. This system of dealing with unexpended vot^ 
was no violation of the ordinary practice of other Govern- 
ments. The actual amount of the revenue of 1858-59-60, 
as well as the amount due by the Sydney Municipal Council 
for interest on debentiu-es to 31st December, 1860, was 
£5,855,046 3s. 5d., which gave a balance on 31st December, 

1860, of £43,287 2s. 4d. This balance was carried forward 
into 1861. The Supplementary Estimates for 1861 amounted 
to £178,224, of which £94,962 13s. 6d. was charged upon 
revenue, and £88,261 14s. 6d. upon the Loan account. 
A list of the principal items of this large Supplementary 
Estimate was given. The actual revenue to the 30th Sep- 
tember, 1861, was £1,042,932 ; the estimated amount for the 
remainder of the year was put down at £462,840, — ^making a 
total for the year of £1,505,772, which, together with 
£168,535, authorized to be raised by loan for public wor!ks 
and immigration, and £83,261 146. 6d. in the Supplementary 
Estimates, resulted in an estimated balance on 31st December, 

1861, of £2,390 13s. 5d. During the year there had been 
paid, out of revenue, the sum of £27,000 for debentures 
falling due in 1861, which reduced the Public Debt to a like 
amount. For 1862 the amount for general services was set 
down at £1,225,234; the special appropriations at £247,500, 
and the sum to be provided by the Constitutional and Colonial 
Acts at £5^,400— making a total of £1,532,134. On the othear 



862 New South Wales. 

side, the revenue was estimated at £1,579,739, and the 
amount proposed to be raised by loan (which was the same on 
both sides of the account), £2,072,184. From a statenient 
showing the expenditure of the Colony per head of the popu- 
lation for a number of years past, it would be seen that 
although the proposed amount for 1862 was large, it was not 
increasing beyond what it was some few years ago in propor- 
tion to the population. The Public Debt was set down at 
£3,919,730, which included £652,000 of debentures in the 
hands of the Oriental Bank in London, of the sale of which 
no advices had yet been received. The principal items in the 
proposed expenditure were then given, amongst which were 
£18,000. for endowing Municipalities ; £60,000 for Education ; 
£173,000 for Police; Volunteers, £20,000; Benevolent 
Asylum, £12,600 ; Post-office, £108,923. It was well known 
that the Post-office had long ceased to be a source of revenue 
in this country. The mails had to be carried over such a 
large extent of territory, and the population was so sparse, 
that no analogy could exist between this and the Post-office 
of England. The other item consisted chiefly of sums for 
public works and buildings, roads and bridges, &c. Referring 
to the revenue, the two principal items of which were the 
Customs and the Lands, statements had been prepared 
showing the amount received in each Department every year 
since 1861. In each case there appeared a falling oflf in the 
year 1860 — ^the year in which the separation of Queensland 
took place — but in each case also the estimated amount for 
1862 was greater than previous to the separation. The 
Customs revenue was estimated at £612,700, and the Lands, 
£476,580. Statistics showing the progress of the Railway 
and Telegraph Departments were given, from which it 
appeared that, regarding the Telegraphs, as the lines were 
extended into the interior the profit therefrom proportion- 
ately decreased. Having thus, as he conceived, taken a 
view in no way exaggerated of the Colony's position, Mr. 
Weekes thought that the prospects for the coming year were 
most encouraging, more particularly as he looked to derive 
great advantage from the settlement of the country by a 
prosperous and happy population — a benefit which, among 
others, he considered would be conferred upon the people at 
large by the operation of the new land laws. 

In Committee, on 29th November, a resolution in reference 
to railway extension, westerly and northerly, was adopted 



Governor Young. 353 

praying that His Excellency would cause to be placed on a 
Supplementary Estimate, to be taken into consideration with 
the General Estimates, a sum of £250,000 for the further 
extension of the Great Western Line of Railroad, by locomo- 
tive traction, from Penrith towards Bathurst. Also, a sum 
of £250,000 for the further extension of the Great Northern 
Line of Railroad, by locomotive traction, towards Armidale, 
to be carried on simultaneously with the Great Southern Line 
of Railroad. 

The following resolution, moved by Mr. Wisdom (on going 
into Committee of Supply on the 12th December), was 
passed : — 

" That it be an instruction to the Committee of Supply that the Committee 
have the power to take into consideration, in conjunction with the Estimates- 
in-Chief for the proposed railway extensions, the Estimates for the further 
extensions of the Great Western Railway towards Bathurst, and of the Great 
Northern Railway towards Armidale, as authorised by a resolution of this 
House." 

A Despatch — ^in reply to that from the Colonial Govern- 
ment, enclosing former resolutions from the Legislative 
Assembly deprecating the dismemberment of the Colony-r- 
was laid before the House on the 22nd November, 1861, and 
ordered to be printed. The receipt of another Despatch of 
later date from the Government of New South Wales, for- 
warding two petitions from the inhabitants and resident 
householders in the districts of the Clarence and Richmond 
Rivers, praying that certain territories lying north of the 
30th parallel of south latitude might be separated from New 
South Wales and attached to the Colony of Queensland, was 
acknowledged by the Secretary of State. The Duke of New- 
castle proceeded to specify the reasons which had precluded 
him from recommending Her Majesty to accede to these 
petitions. After reviewing the history of the definition of 
the boundary of Queensland (to which the petitioners had 
referred), the Secretary of State thus concluded : "If any 
part of the inhabitants of New South Wales consider them- 
selves to be misgoverned, the same means of redress are open 
to them as to all other bodies of persons living under a 
Constitutional Government namely, the election of Members 
who will urge their grievances on the notice of the Colonial 
Legislature. To that Legislature I am bound to refer them, 
])elieving that nothing can be more injurious to the prospects 
of any Colony than that the inhabitants should be encouraf id 
to seek relief from real or supposed misgovemment noi in 



364 New South 7Fale$. 

the improvement of the institutioiiB mider which they live- 
but in transferring themselves to another Government from 
which they imagine that better treatment can be obtained/' 

This Despatch, on the 10th December, having been read at 
length by the Clerk, by direction of thfe Speaker, Dr. Lang 
moved : — 

'^That this House, having taken into consideration the Despatch of His 
Grace the Duke of Newcastle, of the 26th September, 1861, is of opinion that 
the 34th section of the Act of the Imperial Parliament, 13 and 14 Viet, capi 
59, which confers certain specific rights and privileges upon the inhabitant 
householders of the territories situated to the northward of the 30th parallel 
of latitude, and which authorizes Her Majesty, from time to time, to separate 
these territories from New South Wales on the petition of the inhabitants is 
still in force, and has not been repealed by any subsequent Act of the 
Imperial Parliament." 

The debate was adjourned, and on its resumption on 20th 
December Mr. Cowper moved that the question be amended 
as follows : — 

"That this House desires to record its grateful sense. of the consideration 
shown by His Grace the Duke of Newcastle, to the Address of the Assembly 
•dated the 8th May last, depi*ecating the separation of the New England, 
Tenterfield, Clarence and Richmond River Districts from this Colony ; and 
to express the high satisfaction with which it has received the intimation of 
His Grace's sentiments against the dismemberment of any portion of the 
Territory now iududed within the boundaries of New South Wales." 

After debate Mr. Cowper's amendment passed; together 
•with a resolution praying the Governor to transmit it to the 
Bight Honorable the Secretary of State for the Colonies. 

The Appropriation Bill having passed through all its 
stages in the Assembly on the 15th January was presented 
to the Legislative Council for its concurrence. Prom this 
Chamber on the 17th January the Bill was received without 
amendment, the following paragraph being added to the 
usual Message :— 

"The Council has refrained from exercising its right of amending this 
Bill by restoring the salary of the President to its established amount^ on the 
assurance only of the Govemmenty that, in the ensuing Session of Parliament, 
a supplementary vote will be proposed for the purpose, and that the Legisla- 
ture will be invited to consider a Bill for placing the salaries of the Officers 
and Servants of the Council upon a permanent and independent basis." 

On the 15th January the Loan Bill passed through all its 
stages in the Assembly; on the motion for the second 
reading of the Bill, Mr. Forster moved an amendment to the 
effect that it be read that day six months, but on division 
the second reading passed by a majority of 45 to 6. 



Governor Young. 355 

In Committee in the LegislatiTe Council on the I7th Jan« 
nary, an important point of oider arose on a motion being made 
to amend clause 1 of the Loan Bill, by the omission from lines 
thirte^QL to fifteen thereof, page 1, of the words ''seven 
hundred and eighty-two thonsaiul three hundred and seventy 
pounds fourteen stulliugs and sixpence ; " objection was taken 
to the proposed ami^idment, as being in contrayention of a 
previous ruling of the President in reference to the powers of 
the Council with respect to Money Bills, The President stated 
that when first he took the Chair of the House, his attention 
was drawn principally to the question as to whether the 
Land Bills, then before the Council, were Money Bills. He 
did not at ihat time, nor did he now, entertain any doubts 
that they were Money Bills. If, therefore, as he then 
thought, the weirding of the first Standing Order made the 
practice of this House on such Bills analogous to that of the 
House of Lords, the Council would have lud no authority to 
deal with them, except in the way of concurrence or rejection. 
On referring, however, to the 36th section of the Constitu- 
tion Act, he found that the wording of the said Standing 
Order, giving it the construction he did, was ultra vires, and 
that consequently it did not and could not limit the powers 
of the House with regard to Money Bills; those powers 
under the Constitution Act being, except as to the mere right 
of origination, co-ordinate with the powers of the Assembly. 
His attention, moreover, was not then directed to the express 
resolution passed by the Council on the 4th February, 18579 
in assertion of their co-ordinate power with the Assembly of 
amending such Bills, in all cases whatsoever, which resolu- 
tion, as the oi^n and mouth-piece of the House, he had no 
authority to over-rule. He was therefore of opinion that it 
was competent for the Committee to entertain the proposed 
amendment. 

The Bill thereafter passed through the Council, and was 
returned to the Assembly without amendment. 

Parliament was prorogued on the 20th January, 1862. The 
Governor's Speech referred to the passing of various measures 
of great importance, among which were specified those which 
related to the Alienation and Occupation of Crown Lands, 
the Gk)ld-fields Begulation, the Police Eorce, the Administra- 
tion in Insolvency, and the Licensed Publicans. The pro- 
vision which had been made for the establishment of Juvenile 
Bef ormatories ; for increasing the number of Primary Schools, 



356 New South Wales. 

and for other educational objects ; and for the improvement 
of Lunatic Asylums, Gaols, and Penal Establishments, was 
alluded to; as were also the large sums which had been 
appropriated for the extension of railway and telegraphic 
communication. He (Sir John Young) had much pleasure 
in forwarding to the Duke of Newcastle the Address which 
they had presented him for transmission to His Grace, in 
reference to his despatch respecting the separation of the 
Clarence and Richmond districts from New South Wales; 
and he congratulated the Colony upon the decision which had 
been arrived at by the Imperial Government. 

The third session of the Fourth Parliament of New South 
Wales was opened on the 27th May, 1862, by His Excellency 
Sir John Young. The first paragraph of the Speech referred 
to the death of the late Prince Consort in the following 
terms: — "In meeting you in Parliament on the present 
occasion it is my painful duty to announce the loss which 
has been sustained by Her Majesty, and the whole British 
Empire, in the sudden and premature death of His Royal 
Highness the late Prince Consort. This melancholy event, 
which took place at Windsor Castle on the 14th Decem- 
ber last, has been officially communicated by a Despatch 
from His Grace the Duke of Newcastle. The character and 
virtues of the illustrious Prince, whose loss we, in common 
with the whole nation, so deeply deplore, will, I am per- 
suaded, induce you to join with your fellow-subjects in the 
fervent expression of your loyal sympathy with Her Most 
Gracious Majesty under this afflicting dispensation." Con- 
gratulation was expressed upon the prosperity of the Colony, 
upon the increase in population, and upon the spirit of con- 
tentment which pervaded the whole community. A proposi- 
tion would be made for the appropriation of a sum for the 
erection of new Houses of Parliament and Public Offices, in 
accordance with a design already approved by the Legislature. 
The subject of the appointment of a Commission of Represen- 
tatives from the various Australian Colonies, to consider 
and report upon the question of a uniform tariff (which 
had been mooted by the Government of South Australia) 
was recommended to the earnest consideration of Parliament. 
A copy of the opinion of the Crown Law Officers of England 
upon the question of the Church and School Estates would 
be laid before the Legislature, and a Bill would also be pre- 
sented with a view of determining by legislation the disposi- 



Oovemor Young. 357 

tion of these lands. Bills for the adjustment of outstanding 
accounts between New South Wales and Queensland ; for 
placing the constitution of the Legislative Council on an 
elective basis ; for abolishing State aid to religion ; for the 
better maintenance and establishment of Schools for Elemen- 
tary Education ; for regulating the transfer of land ; for the 
amendment of the Municipality Act ; for consolidating and 
amending the Law of Insolvency, the Criminal Law of the 
Colony, the Customs Laws, and the Postage Acts ; for regu- 
lating the coal-fields ; for authorising liens on agrieultm^al 
crops and produce ; and for other matters of great practical 
interest, would be submitted. 

The Address in Reply, on the motion of Dr. Lang, was 
adopted by the House. 

In the Legislative Council on the 28tli May a Select 
Committee was appointed on the motion of the Attorney- 
General (Mr. Hargrave) to prepare an Address of Condolence 
to Her Majesty on the occasion of the death of Prince Consort. 
On the 4th June the Address was brought up by the Com- 
mittee, adopted, and forwarded to the Governor for transmission 
through the Secretary of State to Her Majesty. 

On the 3rd June the Legislative Assembly also adopted 
an Address of Condolence to Her Majesty, and requested 
the Governor to forward the same to the Right Honorable 
the Secretary of State for the Colonies for presentation to 
Her Majesty. 

The day after the re-assembling of Parliament (28th May) 
the Governor laid before the Legislative Assembly, a copy 
of the opinion of the Law Officers of the Crown in England 
respecting the Church and School Estates, which the Duke 
of Newcastle had transmitted for his information and guid- 
ance. This set forth — after a recapitulation of the questions 
of law on which it was expedient that the Governor should 
receive instructions, and a review of the history of the case — 
that they were of opinion that the lands which formerly 
belonged to the Church and School Corporation did not con- 
stitute a portion of the waste lands of the Crown, transferred 
to the Legislature of New South Wales by the Imperial Act 
18 and 19 Vic, cap. 64 — (the Act authorising assent to the 
Constitution Act). The waste lands of the Crown trans- 
ferred by that Act were the same in their opinion as those 
defined by a prior Act, which definition excluded all lands 
which before the 22nd June, 1842, had been '* dedicated and 



358 New South Wales. 

set apart for some pablic use." The matraial facts were, 
that by the Charter of 1826 the lands in question had been 
dedicated to particular public uses, subject to a power 
reserved, not to the Crown aimpliciter, but to the King in 
Council, to dissolve the Corporation and re^yest the lands in 
the Crown "to be held, applied, and disposed of in su(^ 
manner as should appear most coiuiuciye to the maintenance 
and promotion of religion and the education of youth in the 
Colony." This power was exercised sereral times prior to the 
passing of the Act of 1842 (the Imperial Land Sales Act, 6 
and 6 Vic, proyiding that all waste lands should be dealt with 
by way of sale, reserving however to the Crown the power of 
disposing of such lands for any purpose " of public safety, 
convenience, health, or enjoyment,*' and "saving existing 
promises, engagements, and contracts.") The question as to 
whether these lands were "waste lands of the Crown" was the 
one which had been so often debated in the Colonial Legisla- 
ture, and pronounced upon by Colonial Law Officers ; and was 
the one upon which an appeal had been made to the Grown 
Law Officers. " We cannot" — said they — "hesitate to express 
our opinion that these lands were on the 22nd June, 1842, 
already ' dedicated and set apart for a public use, and were 
therefore not within the definition of waste lands of the 
Crown.' " " We think that it is competent for the Governor, 
without any risk (if authorised by the Home Government so to 
do) to impound the annual receipts of these lands, and to stay 
the issue of further leases or grants until the question may be 
settled by an Act of the Legislature, or by a legal decision. 
We do not think that a mere resolution of the House of 
Assembly would have any legal effect; and we are of 
opinion that the Governor would not be liable to any legal 
consequences if he should, notwithstanding such a resolu- 
tion, continue to deal with these lands as they are at present 
dealt with. If, on the other hand, he should treat them as 
waste lands, and apply their proceeds to general public pur- 
poses, it is possible that, by information in the Colonial Court 
cf Equity, such a misappropriation might be corrected. But 
we do not think that, if he acted imder orders from the 
Crown to that effect, he would be subject to any personal 
responsibility. In the event of such a resolution being 
passed, we humbly conceive that it would be very expedient 
to have the matter settled by legislation, and ^^Msed beyond 
the reach of controversy, without any unnecessary delay, as 
was done in the parallel case of the Canada Clargy Reserves, 



Oovernor Young.. 859 

and that, in the meantime, the Goyemor should either 
continue to deal with the lands as they have been hitherto 
dealt with, or should (as far as may be without injustice to 
indiyiduals) impound the proceed, and stay the issue of 
further leases or grants." 

The next day, in the Assembly, the Secretary for Landd 
(Mr. B/obertson) obtained leave to bring in a Bill to make 
further provision respecting the Church and School Lauds^ 
which was then presented and read a first time. 

On the 30th May, Mr. Wilson also obtained leave to bring 
in a Bill to remove any doubts that might exist as to the so- 
called Church and School Lands being waste lands of the 
Crown, which was likewise read a first time. The same 
night Mr. Wilson moved for " a copy of all the correspondence 
and documents which have passed between this Grovemment, 
or the Govemor-in-Chief, and the Imperial Government, on 
the subject of the Church and School Lands." 

On the 3rd June a Message from His Excellency relative 
to the subject was received and read. The Message trans- 
mitted a copy of the Despatch which, on receipt of the 
resolutions communicated to him by the Legislative Assembly, 
dated 13th September, 1861, he addressed to Her Majesty^s 
Secretary of State for the Colonies enclosing these resolutions, 
and requesting instructions on the points raised in them. 
Wit/h this Despatch was forwarded all the papers on the 
subject which had been ordered at various times to be printed 
by both Houses. The reply of the State Secretary enclosed 
the opinion of the Crown Law Officers in England (before 
mentioned) . The covering Despateh was marked " separate,** 
therefore the Governor had no authority to produce it. " The 
Governor,** said the Message, " thinks it right to say that the 
general management of the Church and School lands, and 
the appropriation of the proceeds arising from their disposal, 
are matters of local concern, and may properly be dealt with 
by the local Legislature. While the Law Officers of the 
Crown have given the opinion that the Crown is still trustee 
of these lands, there is no wish to interfere, farther than to 
see that due respect be paid to the interests (if any) of indi- 
viduals, and the question decided in a regular and constitu- 
tional manner, either by the judgment of a Court of Justice, 
or by an enacfanent in which all three branches of the L^is- 
latore shall concur." 



360 New South Wales. 

The same night Mr. Wilson moved the second reading of 
his Bill — the Church and School Lands Declaratory BUI — 
notwithstanding the request of Mr. Robertson that the debate 
should be postponed till after the consideration of the 
Governor's Message. Mr. Wilson said that his Bill was 
nearly identical with one that had twice passed through the 
House, and gave a brief history of the stages through which 
the lands in question had passed. Mr. Robertson moved the 
adjournment of the debate, which was carried by 31 to 17. 

On the 5th June Mr. Robertson moved the second reading 
of the Church and School Lands Bill. The other House, he 
said, having twice rejected Mr. Wilson's Bill, and legislation 
on the question being absolutely necessary, the only alter- 
native was a compromise. Now that the Land Law had been 
passed it was the proper time to deal with the matter. He 
desired that these lands should be sold — ^that they should no 
longer be held in possession without improvement and 
without benefit to the community. While the first object 
was to sell the lands, the second was that Parliament should 
have control of the revenue proceeding therefrom. It had 
been stated by some honorable members that these lands 
ought to be appropriated to one denomination of religion 
only. Such had doubtless been the case under the original 
Charter; but the Crown had the power of revoking the 
Charter, and the Charter had been revoked ; the power of 
revocation, however, was accompanied by a most important 
provision — that the lands were only to be applied to the pur- 
poses of religion and education. At the time of the revoca- 
tion of the Charter the will of the Government was made 
known through the Secretary of State that these lands should 
be used for those purposes. He believed Parliament had a 
right to deal with the question as they thought fit. After a 
debate extending till after midnight the Bill was read a 
second time by a majority of 28 to 19 ; an amendment by Mr. 
Wilson to the effect that the Bill be read a second time that 
day six months having been negatived by a similar majority. 
On the 18th June the House went into Committee, and on 
the 25th the BUI was reported with amendments. On the 9th 
July it was read a third time on a division of 31 to 23, passed 
on a division of 32 to 21, and transmitted to the Legislative 
Council by Message. 

In the Legislative Council on the 10th July the Bill was 
read a first time. The debate on the question of the second 



Oovernor Young, 361 

reading (moved by Mr. Hargrave on the 16th July) extended 
over a considerable period, and the motion was passed on the 
3rd September. In Committee the most important amend- 
ment made by the Council was in the clause providing that 
no payment out of the fimd should be made except for some 
purpose of religion or education sanctioned by a vote of Par- 
liament. The Coimcil amended this as follows: — " Provided 
that this fund shall be applied to purposes of religion and 
education in the proportion and to the amount sanctioned 
until some other distribution thereof shaU be made by Act of 
Parliament.'* The report of the Committee was adopted on 
the 30th November, and the Bill was read a third time, 
passed, and returned to the Assembly with amendments on 
the 5th November. 

On Mr. Cowper moving, on 19th November, that the 
House resolve itself into Committee for the consideration 
of the amendments made by the Legislative Council in the 
Church and School Lands Bill, Mr. Leary moved that the 
House go into Committee that day six months. In the 
course of the debate which ensued, Mr. WiUiam Porster drew 
attention to the fact that the second clause of the Bill, as 
originally introduced in this House, was not recommended 
by a Message from the Crown, and requested the opinion 
of the Speaker whether this omission was not such an 
infringement of the requirement of the 54th section of the 
Constitution Act as invalidated not only the clause in 
question but also the Councirs amendments, and even the 
Bill itself. The Speaker' said: There was no appropriation 
of any portion of the Consolidated Revenue Pund. The 
preamble described the subject-matter of the BiU as a species 
of trust property; and the clause objected to provided for 
the payment of moneys the proceeds of that property into a 
separate fund, and not into the Consolidated Revenue Pund. 
This could not be done with any portion of the Public 
Revenue. Therefore, though the case was one of con- 
siderable complexity, he could not decline putting the 
question to the House. The amendment was lost by a 
majority of 25 to 15. The House then went into Com- 
mittee for the consideration of the Legislative Council's 
amendments, where a motion by Mr. Lucas omitting the 
provision for purposes of religion was carried. On the 
18th December the Order of the Day for the further con- 
sideration of the amendments of the Coimcil was discharged 
from the paper. 



362 New South Wales. 

On Wednesday, 11th June, Mr. Cowper moved for leare 
to bring in a Bill to prohibit future grants of Public Money 
in aid of Public Worship. After debate leave was granted, 
and the Bill was read a first time. On the 25th June Mr. 
Cowper withdrew the Bill, and obtained leave to present 
another without alteration of title. This Bill was read 
a first time on the 27th. On the 16th July Mr. Cowper 
moved its second reading. The Bill set forth that no 
stipend or allowance whatever should be paid out of the 
fund set apart for Public Worship by the Constitution Act, 
or out of any public moneys whatsoever after the passing 
of the Act. The second clause provided for the continu- 
ance of stipends then existing from public funds, and another 
provided that the Act should not prejudice the claims of 
Gku)l Chaplains, &c. On the 14th, the House — on a division 
of 27 to 15 — ^resolved itself into Committee for the considera- 
tion of the Bill, which, at a later stage, was reported without 
amendment. The report was adopted by a majority of 27 to 
25. On the 20th August, on motion by Mr. Robertson for 
the third reading of the Bill, Mr. Cowper moved its re-com- 
mittal, with a view to the re-consideration of certain clauses, 
and the introduction of a new clause, which was passed. 
Several verbal amendments were then made, and a new 
clause, to stand clause 1 of the BUI, was inserted, repealing 
the Act 7 Wm. 4, No. 3, and so much of the 49th and 50th 
sections of the Constitution Act as related to Schedule C ; 
also Schedule C of the said Act. The Report was adopted 
by a majority of 33 to 20. 

When, on the 27th August, the Order of the Day for the 
third reading of the Bill was read, Mr. Cowper moved that 
counsel be heard at the Bar of the House on behalf of c^tain 
petitioners of the Church of England. The motion passed 
by 30 to 15. Mr. Wilson then moved, that the Protestant 
Clergymen whose petition was presented by him on the 26th 
August be heard at the Bar of this House in favour of the 
passing of the BQl. The Speaker said that while the Petitioners 
against the Bill had a right to be heard by counsel, on the 
ground of having a vested interest proposed to be repealed 
thereby, it was not in accordance with Parliamentary practfciB 
to accord the same indulgence to Petitioners whose object 
was simply to sustain a measure already supported by the 
House on the ground of public policy. It was, however, for 
the House itself to decide whether it would entertain the 
question or not. After debate the question was negatived by 



Giwemor Totmg. 363 

33 to 16. Mr. Cowper then moTed, that Mr. Gordon, counsel 
learned in the law, he heard, which passed hj 28 to 22. Mr, 
Gordon accordingly addressed the Honse, after which Mr. 
Cowper moved the third reading of the Bill. An amendment 
by Mr. Egan to the effect that the Bill be read a third time 
that day six months was negatived. The third reading was 
carried by a majority of 30 to 23, and the Bill was passed 
by a majority of 32 to 19, and transmitted to the Legislative 
Council for its ccmcurrence. 

The Bill was read a first time in the Legislative Council 
on the 28th August. On the 16th September the Attorney- 
General (Mr. Hargrave) moved its second reading, where- 
upon Mr. Flunkett moved that it be read a second time 
that day six months. The debate occupied several sittings^ 
and was terminated on the 1st October, when the Bill was 
read a second time by a majority of 10 to 9. The com- 
mittal of the Bill was moved by the Attorney-General on 
the 8th October; Mr. Flunkett moved its committal that 
day six months, which amendment was lost by 9 to 7, and 
the House went into Committee on the Bill. The most im- 
portant amendment made in Committee was the insertion of 
a new clause enacting that the Act should not apply to 
Church and School Lands. On the 30th October the third 
reading of the Bill was moved by Mr. Hargrave ; Mr. 
Campbell proposed an amendment to the effect that it be 
read a ihird time that day six months. This was lost 
by 11 votes to 8, and the Bill was read a third time on a 
similar division, passed, and returned to the Assembly with 
amendments. The next day protests against the passing of 
the Bill were lodged with the Clerk — tiie first signed con- 
jointly by E. Deas Thomson, Francis L. S. Merewether, J. 
Mitchell, John Campbell, John H. Flunkett, W. M. Man- 
ning, and Charles Kemp; the second signed by J. H. 
Flunkett ; and the third by W. M. Manning. Subsequently 
(on the 6th December) another protest was lodged, signed by 
J. H. Flunkett ; and on the 9th the Fresident reported that 
they had been forwarded to the Governor for transmission to 
the Secretary of State. 

In the Legislative Assembly on the 5th November, the 
Order of the Day for the consideration in Committee of the 
amendments made by the Legislative Council in the Grants 
for Fublic Worship Frohibition Bill having been read, Mr. 
Morris took exception to the maimer in which this Bill had 
been initiated in the Assembly, as, although (in his view) a 



364 New South Wales. 

Money Bill, it had been introduced without a message from 
the Crown, in infringement of the 64th clause of the Con- 
stitution Act. The Speaker overruled the objection, being of 
opinion that the Bill, although dealing with an existing 
charge upon the Consolidated Fund, did not impose any 
additional charge thereon beyond that which the law already 
sanctioned, ^and was therefore properly introduced into the 
House. Mr. Morris then raised the question as to the power 
of the Legislative Council to amend this Bill with reference 
to the analogous restrictions upon the House of Lords to alter 
Money Bills, of which class the honorable member considered 
this to be. The Speaker said that this, though not strictly a 
Money Bill, and containing no greater charges or appro- 
priation than those already authorised by law, yet did 
contain provisions respecting a charge on the people ; and 
strict Parliamentary usage would appear to show that any 
amendments made by the Council, the effect of which would 
be \o alter the appropriation provided in the Bill as it left 
this House, were objectionable, as an interference with the 
peculiar functions of the representative body. In a similar 
case the House of Commons would probably order the Bill to 
be laid aside, when, if thought fit, a new Bill embodying the 
amendments might be introduced. But on some occasions 
that body had agreed to waive the point, and it was for this 
House now to decide whether it would do so on the present 
occasion. 

Mr. Cowper then moved the committal of the Bill for 
the purpose of the consideration of the Council's amend- 
ments. Mr. Morris moved that the Bill be laid aside. 
This was negatived by a majority of 30 to 13, and the 
House then resolved itself into Committee. At a later 
period the Chairman reported that the Committee had dis- 
agreed to the amendment proposing the insertion of a new 
clause. The report was adopted, and on the following day 
the Bill was sent to the Legislative Council by message. The 
Council did not insist upon its amendments ; the Bill having 
passed through its remaining stages was, on the 10th De- 
cember, reserved for the signification thereon of Her Majesty's 
pleasure. 

Mr. Weekes made his Pinancial Statement on 7th August. 
He thought he would be able to satisfy the Conmiittee that 
in all essential and material respects the Colony was rapidly 
and steadily progressing. Upon turning to No. 2 account of 



Govefmor Young. 365 

the Ways and Means it would be seen that unexpended 
balances on votes of Parliament, or " savings," had diminished 
the charge on the Consolidated Revenue l^und to the extent 
of £68,236 12s. 4d. A list of the savings was laid upon the 
table. With this alteration, the balance at the end of 1861 
would be £11,539 5s. 9d. The charges for 1862 were as 
follows: — ^Amount of Appropriation Act, £1,226,155 8s. lOd.; 
special appropriations, £247,500; provided by Constitutional 
and Colonial Acts, £59,400 ; total, £1,533,055 8s. lOd. The 
loans authorized for public works, &c., were £1,699,109 ; 
and there was also a Supplementary Estimate of £169,082 
5s. 6d., of which £152,082 5s. 6d. was chargeable on the 
revenue, and £11,000 to be raised by loan. On the other 
side of the account were the balance brought down from 
1861, £11,539 5s. 9d.; revenue and receipts, actual and esti- 
mated, £1,712,881, thus leaving an estimated balance at the 
end of 1862 of £33,282 lis. 5d. The proposed charges for 
1863 were: — General services, £1,393,795; special appro- 
priations, £310,503 ; provided by Constitutional and Colonial 
Acts, £59,400 ; making a total, exclusive of loans, of 
£1,763,698, being an increase upon the expenditure of 
1862 of £230,643. This increase consisted principally of 
additional interest on debentures, £40,000 ; municipalities, 
£20,000 ; an amount for Immigration, formerly taken out 
of loans, but this year charged to revenue, £80,000; 
additional for roads, £40,000; navigation of the Darling, 
£3,000; and additional expenditure on railways, £27,000. 
A list of the principal items in the Supplementary Esti- 
mates for 1862 was also given, amongst which appeared a 
sum for interest to the Savings Bank upon a loan to the 
Government, to enable them to work the Mint bullion 
account. There were also two sums for rations and com- 
pensation to the Chinese during and on account of the 
Burrangong riots ; while, on the revenue side, there was the 
small and novel sum of £20 received from two Chinese 
inmaigrants. The authorized debt of the Colony, including 
the amount of debentures authorized, but not yet issued, 
was, in round numbers, £5,888,000. The actual outstanding 
debt was £3,700,000. After some remarks upon the Volunteer 
Force, the Denominational and National School Systems, and 
other matters of more or less interest, Mr. Weekes referred 
to the amount of land revenue expected during 1863, viz., 
£496,800. Returns had been prepared showing that the 
pastoral interests of the Colony were making rapid strides, 



866 New South 7Fale$. 

and that the areas of land under lease or license beyond the 
settled districts were approximately greater than prior to the 
separation of Queensland. The operation of the ^^ free selec- 
tion" clauses in the new Land Bill had been enunently 
satisfactory. The manner in which the railways had pro- 
gressed was also highly encouraging. The profit thereon in 
1862 was nearly double that in 1861. With regard to the 
gold duty, he had always considered that that tax was an 
unjust one, but at the same time he thought the gold- 
miner paid an inadequate sum for the priyilege of diggmg 
on the public lands of the Colony. He would make a mere 
nominal charge for seeking for gold, but would levy a higher 
charge on obtaining it. Another matter of the highest 
importance was the application from the Colony of Victoria 
for the construction of an uniform tariff, attention to which 
was called by the Gtovemor in his Speech at the opening of 
the Session. The proposition that had been made was as 
follows : — ^That there shall be a mutual conference between 
the three Governments (New South Wales, Victoria, and 
Queensland) for the settlement of an intercolonial tariff. If 
an assimilation of the tariffs could be effected without injur- 
ing any one of the Colonies, it would be one of the most 
onward steps that had been taken since the Colonies were 
established. Mr. Weekes then thanked the Committee for 
their attention to a statement, which, involving, as it did, no 
new taxes and proposing no alteration of tariff, must neces- 
sarily be deemed dry and uninteresting. 

A BUI to place the Constitution of the Legislative Council 
on an elective basis was brought in, presented, and read a 
first time in the Legislative Council on the motion of the 
Attorney General, Mr. Hargrave, on the 4th June. On the 
18th June the Attorney-General moved that the Bill be read 
a second time. Mr. Deas Thomson moved an amendment to 
the effect that the Bill be referred to a Select Conmiittee^ 
which was passed. 

On the 22nd August Mr. Holden, on behalf of the Presi- 
dent, brought up the Beport, together with an amended Bill 
agreed to in the Select Committee. The Beport stated, 
after an elaborate argument in justification of the course 
proposed to be adopted, that several methods had been 
suggested and considered, consisting mainly of modifica- 
tions in the following particulars : — ^First, as to Qualification 
of Electors : The property qualification recommended was — 



Governor Toimg. 367 

[Freehold, or leasehold for an nnexpired term of at least 21 
years, of the value of £300, or £20 per amLum ; leasehold, if 
for a less term, of £50 per annum ; household occupancy, 
paying rent of £60 p^ annum, or pastoral .tenure of Grown 
Land at £20 per annum. To these were added certain pro- 
fessional or personal qualifications. Secondly, as to Qualifica- 
tion of Members : No other qualification than that of being 
on the BoU of Council Electors, and being of the age of thirty 
years. Thirdly, as to the mode of Voting : The Committee 
recommended the plan commonly known as that of Mr, 
Hare. Fourthly, as to the duration of the tenure of Seat : A 
plan had been adopted by which the House had become liable 
to be changed as regarded ten at least of its Members every 
third year. Fifthly : It was proposed to introduce a principle 
in the Bill which provided for the appointment of nominated 
Members elected for special services. Not only was it 
proposed to limit the appointments to the number of ten, 
but to restrict them to a class of persons who might be con- 
sidered as entitled by virtue of the position they had 
acquired through political or judicial experience as public 
servants to be useful Members of the Council. It was pro- 
posed moreover that this class of Members should hold their 
seats for life. A copy of the amended Bill — embodying these 
provisions — ^was recommended for adoption by the House. 

On the 3rd September Mr. Holden moved the second 
reading of this Bill. The debate lasted till the 17th Sep- 
tember ; when, on a division of 11 to 4, the Bill was read a 
second time. On the 30th the Bill was committed, and, later, 
reported with some verbal amendments ; and having passed 
its remaining stages, was sent by message to the Legislative 
Assembly on the 8th October. 

On the latt« date in the Legislative Assembly the Bill was 
received from the Council by a deputation of Members, and 
read a first time. On the 12th November Mr. Cowper moved 
that the Bill be read a second time. He trusted that the House 
would not reject the Bill, and he believed that a compromise 
should be accepted. A long and warm debate followed, 
during which several motions both for the adjournment 
of the House and of the debate were made. The next 
evening the debate was resumed, and the Bill was read a 
second time by a majority of 24 to 20. Mr. Cowper then 
moved that the consideration of the Bill in Committee stand 
an Order of the Day for the following Wednesday week. 



368 New South Wales. 

m 

Mr. Dalgleish moved "this day six months '* as an amend- 
ment. After a debate lasting beyond midnight the second 
reading of the Bill passed by 19 to 17. The BDl was not 
further proceeded with ; for Mr. Forster on the 26th Novem- 
ber moved that the Order of the Day be discharged from the 
paper, which was passed on a division of 34 to 16. 

A Coal-fields B/Cgulation Bill, introduced by Mr. Robertson 
— similar to that of the previous Session — ^was passed 
through both Houses, and the Governor's assent was reported 
on 20th December. 

Dr. Lang, on 17th June, obtained leave to introduce a 
Bill to abolish the Law of Primogeniture, and extend the 
laws of Distribution in cases of Intestacy to Real Estate. 
The Bill passed its second reading on the 16th September. 
On the 19th September it was read a third time, and, 
its title having been verbally amended, was sent to the Legis- 
lative Council for its concurrence. On the 11th December 
it was returned with amendments, and thereafter passed 
its remaining stages. The Bill was reserved on 20th 
December, and assented to 

Mr. Hay on the 27th June obtained leave to introduce a 
Bill for the encouragement of cotton cultivation. The Bill, 
which provided that grants of portions of waste lands might 
be made on certain conditions to Associations for growing 
cotton, passcil through both Houses, and on the 22nd August 
received the Royal assent. 

The Emigration Agents and Lecturers who had been 
appointed in 1861 were recalled, in pursuance of a resolution 
of the House, adopted on the motion of Mr. Robertson, on 
4th June. 

Relative to the defence of Port Jackson, Mr. Macleay, on 
10th June, moved resolutions to the effect that such additions 
should be made to the fortifications as would prevent any 
ship from taking up a position from which she could injure 
the town or shipping without being herself exposed to fire ; 
and recommending that guns be immediately mounted on 
Fort Phillip and Clark Island. These were negatived by 
29 to 19. 

Mr. Buchanan, on the l7th June, again brought before the 
House a resolution regarding the principle of religious 
equality, and stating that it should be observed on all occa- 
sions in the Colony; to which he annexed a protest for 



Oovemor Young. 369 

transinission through His Excellency to the Home Govern- 
ment, against the disregard by them of the resolution of the 
Assembly previously adopted. The House was counted out. 
On the 8th July Mr. Buchanan again introduced a resolution, 
which was passed, after amendment, as follows : — 

" That this House, adhering to its former resolutions in favour of religious 
equality, regrets that Her Majesty has not been advised to give effect to this 
principle in regard to the question of precedence which has arisen between the 
heads of different Denominations in this Colony, and hopes the question will 
be reconsidered." 

Mr. Harpur moved on the 26th August that it was neces- 
sary that provision should be made for the payment of 
Members, and that a Bill for that purpose should forthwith 
be introduced. The resolution was negatived on division by 
33 to 13- 

A Select Committee to inquire into and report upon the 
state of Manufactures and Agriculture in the Colony was 
appointed at the instance of Mr. Lucas, on the 2nd Sep- 
tember. On the 12th December the Committee brought up 
a Progress Report, which stated that from the evidence taken 
it was clearly shown that manufactures had not increased 
during twenty years; that many which had flourished in 
the past were not then in existence; and that in conse- 
quence thousands of youths were wandering the streets in 
a state of vagrancy instead of learning some useful trade. 
The Committee recommended that, should it be found 
necessary to revise the tariff, the alteration should be so 
made that it would tend to encourage the manufactures and 
cultivation of the Colony. They likewise recommended the 
resumption of the inquiry during the ensuing session. 

On the 10th September a motion by Mr. Weekes that it was 
desirable that New South Wales should be represented at the 
proposed Tariff Conference to be held in Melbourne was 
carried. 

Pursuant to a motion made on 3rd September by Dr. 
Lang, the House on 19th September resolved itself into a 
Committee of the Whole to consider the proposition of 
securing a bonus for cotton-growing ; and on the 21st 
October a resolution was reported to the effect that this 
should be granted upon certain conditions. 

A contingent motion by Mr. Porster (upon the House 
going into Committee of Supply on the 1st October) to the 
effect that the consideration of the Estimates for 1863 should 
2A 



370 New South Wales. 

be accompanied by the passing of a Bill for tbe reduction of 
the salaries of future Governors, and for the immediate 
equalization of those of Ministers, was negatived by a 
majority of 25 to 12. 

In the Legislative Council on the 9th October the 
President (Mr. Wentworth) intimated that probably that 
would be the last occasion on which he should preside 
over the meetings of the House, and offered his thanks to 
Honorable Members for the respect and kindness shown to him 
during the short period he had held the office of President. 
The Attorney-General (Mr. Hargrave), and Mr. Deas 
Thomson severally expressed their sense of the President's 
able, upright, and just decisions from, and courteous conduct 
in, the Chair. 

In the Legislative Assembly on the following day the 
Speaker (the Honorable Terence Aubrey Murray) addressed 
the House, saying that he that day took his seat for the last 
time as Speaker of that Assembly, it having been arranged 
that he should succeed Mr. Wentworth as President of the 
Legislative Council. He expressed his deep sense of the 
high consideration and great forbearance he had always met 
with from that House, and his great regret at leaving the 
Assembly. He also adverted to the circumstance that but 
three of those with whom he was associated when he began 
his public life twenty years before (Dr. Lang, Mr. Cowper, 
and Mr. Suttor) were still in the House. 

On the 14th October, when the Legislative Council met, 
the Honorable T. A. Murray took the Chair. The Attorney- 
General (Mr. Hargrave) and Mr. Plunkett severally con- 
gratulated the President on his appointment. The same day 
it was announced that Mr. Wentworth had resigned his seat. 

The following day in Committee on the Clergy Returns 
Hegistration BUI, an important point of order arose, The 
question involved was as to an amendment in a clause of the 
Bill, objection to which was taken on the ground that it was 
not competent for the Committee to entertain any substantive 
amendment in a Money Bill. The President requested time 
to consider the question. On the 16th, in an elaborate 
ruling, in which he quoted decisions of his predecessor in 
similar cases (from one of which he dissented), the Presi- 
dent decided that the amendment was not admissible. He 
said he found that his predecessor in the Chair gave two 
opinions on this question. The first ruling of Mr. Went- 



Governor Young. 371 

worth was to the effect that, in accordance with certain 
precedents, this Bill must he taken to he a Money BiU; 
and although section 1 of the Constitution Act granted to the 
Council the power of dealing with such Bills, nevertheless as 
under the 1st section of the Standing Orders it was laid down 
that " in all caseB not hereinafter provided for " resort should 
he had to the practice of the House of Lords ; and as the 
practice of that House had lately been not to insist upon 
their right to alter or amend such Bills, it was not compe- 
tent for the Committee to entertain the proposed amendment! 
The second ruling of Mr. Wentworth was to the following 
effect : — " When he first took the Chair of the House his 
attention was drawn to the question as to whether the Land 
Bills were Money BiUs. He entertained no doubt that they 
were. If, as he then thought, the wording of the 1st Standing 
Order made the practice of the House analogous to that of 
the House of Lords, the Council would have no authority 
to deal with them, except in the way of concurrence or 
rejection. On referring, however, to the 35th section of the 
Constitution Act, he found that the wording of the Standing 
Order was ultra vires^ and that, therefore, it could not limit 
the powers of the House with regard to Money Bills. Those 
powers were, except as to the right of origination, co-ordinate 
with those of the Assembly. Moreover, the Council had 
passed a resolution, on the 4th February, 1857, in assertion 
of such co-ordinate power. He was, therefore, of opinion 
that it was competent for the Committee to entertain the 
proposed amendment." He (Mr. Murray) said that, looking 
at the wording of the Constitution Act, he could not see 
that it was in any way intended that the Council should 
possess any greater powers than the House of Lords possessed. 
No power was given by the 1st clause of the Constitution Act 
beyond what the House of Lords possessed. He thought 
that the proper course for the Council to pursue would be to 
confine itself within the restraints imposed upon it by strict 
analogies of the Constitution; and so far as his voice had 
any weight in the matter, it was most decidedly against 
any interference on the part of that House with regard to 
money matters. He then quoted the opinions of eminent 
authorities, and adverted to the action taken on similar 
questions by the House of Commons. 

A debate upon the point of order ensued, which extended 
over several sittings, in the course of which Sir W. M. Man- 
ning moved a resolution, which having been by leave amended. 



372 New South Wales. 

on the 28th October, was passed in the affirmatiye by 16 to 3, 
as follows : — 

" That this House does not concur in the opinion given by the President on 
the 16th instant touching the poweAt of the Legislative Council to amend 
Money Bills." 

On the 14th October the Legislative Assembly proceeded 
to the election of a new Speaker, in the room of Mr. 
Murray. Mr. John Hay was proposed by Mr. Kddington, 
seconded by the Rev. Dr. Lang, and haying been unani- 
mously elected, returned his acknowledgments to the House. 
Mr. Cowper and Mr. W. Porster respectively congratulated 
the Speaker, who on the following day was presented to His 
ExceUency the Governor. 

On the 16th October, Captain Moriarty moved a vote 
of thanks to the late Speaker, which was carried — Sb vote 
which was embodied in a letter by the Speaker, and trans- 
mitted to the Honorable T. A. Murray, who, later, returned 
his acknowledgments therefor. 

The offer of the Committee of Management of the Austra- 
lian Subscription Library to seU the property of that Institu- 
tion for the sum of £10,000 was brought before the Assembly 
by Mr. Cowper on the 30th October, who moved that such 
offer should be accepted. A question as to the propriety of 
members who were proprietors in the Institution in question 
voting on the sub]ect was raised and submitted to the 
Speaker, who ruled that in the absence of proof as to the 
actual nature of the interest possessed by Honorable Members, 
they would be best left to exercise their own discretion in 
giving or withholding their votes. After a lengthened debate 
the motion was negatived by 18 to 17. 

A Despatch in reply to the Addresses of Condolence which 
had been forwarded by both Houses to Her Majesty was 
transmitted through His ExceUency to the Legislative 
Council and Legislative Assembly, respectively, on the 
19th November. 

5 In both Houses, on the 19th and 20th November, a vote of 
thanks was unanimously accorded to Robert Torrens, Esq., 
author of the South Australian Real Property Act, for the 
valuable assistance rendered by him in the passing, by the 
Parliament of New South Wales, of an Act of a similar 
tendency. 

The Appropriation Bill and the Public Works Loan BiU 
passed through both Houses during the last week of the 
session, which was brought to a close on the 20th December. 



Governor Young. 373 

In the Prorogation Speech His Excellency trusted that the 
equitable settlement of the difficult question of State aid to 
religion would put an end to religious agitation, which was 
always injurious to the social happiness of a community. 
The Colony was congratulated upon the passing of the E^eal 
Property Act, and other Acts of importance, which were 
enumerated. It was hoped that the increased amount voted 
for the purposes of immigration would be the means of 
adding considerable numbers of virtuous and industrious 
families to the population. The revenue, continuing steadily 
to increase, was in a satisfactory condition. Arrangements 
for the proposed Tariff Conference, which would meet at 
Melbourne early in the following year, had been matured. 
A drought^it was beUeved of a partial aoid temporary 
nature — ^was in some degree affecting the prospects of the 
Colony, which it was hoped might by the favour of Providence 
shortly be arrested. 

During the interval that elapsed between the session of 
1862 and that of 1863-4 an Intercolonial Conference was 
held in Melbourne. The suggestion which led to the meeting 
was made by His* Excellency Sir Dominic Daly, Governor 
of South Australia. Circumstances interfered to prevent the 
assembling of the Conference before March, 1863, when 
delegates from all the Colonies, with the exception of Western 
Australia and Queensland, assembled. The reasons urged by 
those Colonies for not sending delegates were — that the 
former was precluded by its geographical position from enter- 
ing into any arrangement of the kind ; and that in the 
Legislature of the latter no Parliamentary authority had been 
given. 

The delegates who appeared on behalf of their respective 
Governments were : — 

New SoiUh Wales — Honorable Charles Cowper, M.P., Colonial Secretary ; 
Honorable Thomas W. Smart, Treasurer ; E. C. Weekes, Esq., M.P. 

Victoria — Honorable John O'Shanassy, M.L.A., Chief Secretary ; Honor- 
able William C. Haines, M.L. A., Treasurer ; Honorable Robert S. Anderson, 
M.L.A., Commissioner of Trade and Customs. 

South Avstralia — Honorable Arthur Blyth, M.P., Treasurer ; Honorable 
Henry Ayers, M.L.C. ; Lavington Clyde, Esq., M.P. 

Tasmamia — Honorable Charles Meredith, M.H.A., Treasurer; Honorable 
William Carter, M.L.C. ; Adye Douglas, Esq., M.ILA. 

The first formal meeting was held on the 27th March, and 
the sittings extended to the 13th day of April. 



374 Nem South Whales. 

The subjects discussed were : Krst — ^The Taxiff and ques- 
tions of a kindred character, including drawbacks and ad 
valorem duties ; secondly — Inland Intercolonial Customs 
Duties and their distribution ; thirdly — ^Transportation from 
the United Kingdom to the Australian Possessions ; fourthly 
— ^A permanent Immigration Fund, to be provided by Act 
by each Colony, upon an equitable basis ; fifthly — Improve- 
ment of internal rivers in Australia for purposes of navigation 
and irrigation ; sixthly — Coast Light-houses, and other mari- 
time questions affecting the shipping interest ; seventhly — 
Eortnightly Ocean Postal Communication ; eighthly — ^Anglo- 
Australian and China Telegraph ; ninthly — ^Legal Questions^ 
including the law of bankruptcy, of patents, of joint stock 
companies, of probates and letters of administration, and a 
Court of Appeal for the Australian Colonies; tenthly—^A 
uniform system of Weights and Measures. 

Upon these subjects the following resolutions were passed : — 
1. On the Tariff and kindred subjects : It was resolved 
to settle the basis of a uniform tariff for the Australian 
Colonies, and also for Tasmania ; that the ad valorem mode 
of le^T^ing duties upon goods was open to so many objections 
that it ought not to be resorted to ; further, that the follow- 
ing tariff be adopted by the Conference : — 

" Spirits, imported, 10s. per gallon. Wine, in wood, 2s. per gallon. Ditto, 
in bottle, reputed quarts, 8s. per dozen. Ditto, ditto, ditto pints, 4s. ditto. 
Ale, porter, and beer, in wood, 6d. per gallon. Ditto, ditto, ditto, in bottle, 
reputed quarts, 1& per dozen. Ale, porter, and beer, in bottle, reputed pints^ 
6d. per dozen. Malt, 6d. per bushel. Hops, 3d. per lb. Tobacco, manufac- 
tured, 2s. per lb. Ditto, unmanufactured. Is. per lb. Ditto, sheepwash, 3d. 
per lb. Cigars and snuif, 4s. per lb. Tea, 6d. per lb. Sugar, r^ned, and 
candy, 7s. per cwt Ditto, unrefined, 5s. 6d. per cwt. Molasses and treacle, 
3s. 6d. per cwt Coffee, chicory, coQoa, and chocolate, 3d. per lb. Opium, 
manufactured, 20s. per lb. Ditto, unmanufactured, 10& per lb. Rice, 48. per 
cwt. Dried fruit, nuts, and almonds, 10s. per cwt. Candles, Id. per lb. Oils, 
whether of natural or artificial origin, and fluids used for burning or lighting 
purposes, fid. per gallon. Salt, 40s. per ton." 

That the members of the Conference undertake to urge upon 
their respective Parliaments the adoption of such tariff ; that 
in the opinion of the Conference, the tariff which had been 
agreed upon, after the fullest deliberation, ought not to h& 
altered by any one Colony, nor until after the proposed 
alteration should have been considered in a future Con- 
ference ; and that drawbacks should be allowed on the 
following articles, viz. : — ^Wines, hops, tea, sugar, rice, coffee, 
chicory, cocoa, and chocolate. Left open — ^Ale, beer, porter, 
candles, and oiL 



Governor Yotmg. 375 

2. On Intercolonial Customs Duties and their distribution : 
It was resolved that, in the opinion of the Conf eroioe, Customs 
duties ought to be paid to the revenues of tiiose Colonies by 
whose population the dutiable articles were consumed ; and 
that the Colonies of New South Wales, Victoria, and South 
Australia ought to co-operate with each other to secure to each 
Colony the revenue to which it was legally entitled, either by 
the distribution of the Customs, revenues collected by aU at 
stated periods ratably, according to their population, or by 
some other mode which might be considered equitable and 
practicable. 

3. On Transportation : It was resolved that a Committee, 
consisting of Messrs. Cowper, O'Shanassy, Meredith, and 
Blyth, should prepare an Address to Her Majesty — ^which 
Address was afterwards adopted. It set forth that the appoint- 
ment of a Royal Commission to inquire into the subject of 
transportation had caused apprehensions in the minds of the 
inhabitants of the Australism Colonies lest some portion of 
them might be selected as a site for a new penal settle- 
ment. The Address, after reviewing the experience of the 
Colonies, protested against the system, and implored Her 
Majesty to refuse her sanction to any proposal for reviving 
transportation to any part of Her Australian possessions. It 
was further resolved that four copies of the Address should 
be engrossed for transmission to Her Majesty severally by the 
Governors of each Colony represented. 

4. On Immigration : It was resolved that it was of the 
highest importaiice to the prosperity and future greatness of 
Australia that a healthy flow of immigration should be 
encouraged and promoted chiefly from the United Kingdom ; 
and that, in pursuance of a common interest, all the Legisla- 
tures respectively should make provision (as had been done 
by some) for permanent legal appropriation, so that they 
might accomplish this object. Eurther, that the decision 
arrived at with regard to any alteration in the tariff should 
apply with equal force to that afiecting the immigration 
policy. 

5. On Improvements to the Rivers in the Interior : It was 
resolved that the obligation of carrying into effect the neces- 
sary works for rendering navigable the great rivers of the 
interior should primarily devolve upon the respective Govern- 
ments having jurisdiction over those rivers. 

6. On Light-houses and Maritime Subjects: It was 
resolved that legislative action should be taken by the 



376 New South Wales. 

Colonies represented to prohibit vessels proceeding to sea 
from any port in the Colonies except they were under com- 
mand of masters holding certificates of competency. It 
was also resolved to make provision for certificates being 
granted by competent authority, for ensuring necessary 
qualifications; and to make uniform provision upon the 
subjects of salvage, buoyage, and the management of life- 
boats. Further, that the system of maintaining coast light- 
houses should be reconsidered, and that a joint Conunission 
be appointed to consider and report generally upon the entire 
subject. 

7. On Fortnightly Postal Communication with England : 
It was resolved that it was inexpedient to consider the pro- 
posal for the adoption of a fortnightly postal service with 
the United Kingdom vid Suez, in the present state of the 
question. 

8. On Electric Telegraph Communication with England : 
It was resolved that it was not then expedient to discuss the 
proposals brought under consideration with reference to the 
projected Anglo- Australian, Indian, and China Electric Tele- 
graph. 

9. On Legal Questions : It was resolved, inter alia^ that it 
was desirable that the bankruptcy laws should be assimilated ; 
and — 10 — ^that a uniform system of weights and measures 
should prevail throughout the Australian Colonies. 

Though the question of Federation had occupied the 
attention of several of the Legislatures, the delegates had 
no instructions in the matter ; therefore the subject was not 
taken into consideration by the Conference. In the last 
paragraph of the official Report it was stated — " Considering 
the number and importance of the questions discussed, it is 
gratifying that so much unanimity prevailed respecting them ; 
and the Conference venture to hope that their labours will 
tend to cement the feeling of friendly intercourse in respect to 
trade and commerce which has hitherto existed, and that they 
will be otherwise productive of beneficial results to all the 
Australian Colonies." 

The Fourth Session of the Fourth Parliament of New South 
Wales assembled at noon on the 23rd June, 1863. The 
Governor's opening Speech referred to the marriage of His 
Royal Highness the Prince of Wales with the Princess Alex- 
andria of Denmark, which had been solemnized on the 10th 
March of that year. The drought, of the continuance of which 



Oave)*nor Young. 377 

serious apprehensions had been entertained, had been broken 
up by seasonable rains. It had been considered necessary, in 
consequence of the failure of the crops, to make advances of 
seed wheat and oats to small farmers in several districts. 
The incorporation of Municipalities was proceeding steadily, 
and in nearly all the more populous localities they were now 
established. The various public works which had been 
provided for by the liberality of Parliament had been com- 
pleted, or were progressing satisfactorily. Within the 
circuit of the telegraph was now embraced nearly every con- 
siderable centre of population. These centres were thus placed 
in communication with the metropolis, with each other, and 
with the Colonies of South Australia, Victoria, and Queens- 
land ; and the net revenue afforded was sufficient to pay 
the interest on the debt created for the construction of the 
lines, and to make provision for renewal and repairs. The 
working lines of railways had reached the several points to 
which contracts had been taken by Messrs. Peto, Brassey, 
& Co. Contracts had also been entered into for about 100 
miles of the extensions authorized during the last Session of 
Parliament, and fresh tenders were being called for as fast as 
the necessary preparations would permit. The Customs 
Revenue for the past year had exceeded the sum realized 
during the year preceding. The reduction of the gold duty, 
as well as the falling off in the yield from the gold-fields, 
would cause a deficiency in the revenue hitherto derived from 
those sources ; and it seemed probable that the land revenue 
would fall short of the amount expected. The debentures of 
the Colony realized, in the English and Colonial markets, 
higher rates than at any former period. The proceedings of 
the Tariff Conference would be laid before Parliament, as well 
as the correspondence which had passed between the Govern- 
ments of New South Wales and Victoria, in reference to the 
Border Customs Duties. The application for a Man-of-War 
to be stationed in Sydney Harbour as a blockship had been 
complied with by Her Majesty's Grovemment. Additional 
correspondence, which had taken place with the Agent of the 
Colony, respecting the establishment of a fortnightly mail 
service by way of Panama, would be laid before Parliament. 
The labours of the Commissioners who represented the Colony 
at the Exhibition of the Industry of all Nations, held in 
London in 1862, had terminated ; and their disinterested 
exertions had resulted in placing the Colony in a high position 
amongst the competing industries of the world. Measures 



378 New Smith WoIbb. 

calculated to effect social and legal improvements would be 
brought under their consideration. 

The Address in Reply, moved by Mr. Cunneen, and 
seconded by Mr. Burdekin, was adopted. 

On Wednesday, 24th June, leave was granted to Mr. 
Wilson to introduce a Bill to remove any doubts that might 
exist as to the so-called Church and School Lands being waste 
lands of the Crown. On Friday, 10th July, Mr. Wilson 
moved the second reading of the Bill. Mr. Cowper moved an 
amendment, which, with other amendments, was adopted in 
the form of the following resolutions : — 

'' (1.) That, in the opinion of this House, the Church and Schools Estates 
aught to be sold by auction at the earliest possible period that they can be 
conveniently disposed of, and the proceeds thereof appropriated for the purposes 
of religion and the education of youth in the Colony, in terms of the grant 
made by the Crown to the trustees of Clergy and School Lands in New South 
Wales, — such proceeds to be divided ratably among the different religious 
denominations. 

, '^ (2.) That an address be presented to His Excellency the Governor with 
the foregoing resolution, and intimating the further opinion of this House 
that no appropriation of such proceeds should be made for any purpose what- 
ever until an Act of Parliament shall have been passed authorising the same." 

On the 1st July Mr. Cowper introduced a Bill to promote 
Elementary Education. In moving the second reading, on 
the 22nd July, he reviewed the efforts made since 1839 for 
the promotion of public education. The Bill proposed to 
amalgamate the two existing Boards (the National and De* 
nominational School Boards, formed in 1848), and to create 
a new Board, with discretionary powers as to the system 
of education. Mr. Holt proposed a series of resolutions, 
by way of amendment, to the effect that the Bill before the 
House was not suited to the requirements of the Colony; 
that the education of the people shoidd be vested in a respon- 
sible Minister of the Crown ; and asserting the expediency 
of sundry qualifications (which were specified) for teacheia 
and. inspectors — ^all which should be embodied in an, 
amended Bill to be thereafter laid before the House. On 
the following day, the second reading of the Bill was carried 
by a majority of 40 to 16. It was committed on the 29th 
July, and reported on the 13th August; but its further 
progress was stopped by the Ministerial crisis, and on the 
26th November it was discharged from the paper. 

On the 30th June Mr. Harpur moved a resolution setting 
forth that it was necessary that provision should be made for* 
l^e payment, of Members, and that a Bill for that purpose 



Governor Yotmg. 379 

should be forthwith introduced. The motion was negatived, 
on division, by 39 to 12. 

Mr. Macleay moved, on the 7th July, for a Conmiittee of 
the Whole to consider the advisableness of placing a sum 
not exceeding £25,000 on the Estimates, for the support of 
clergymen of various denominations, at the rate of £300 to 
each clergyman, in several districts of the Colony. On the 
17th July the question was negatived on division by 29 
to 21. 

The police system which had been initiated in 1862, and its 
alleged failure to repress bushranging, formed the suljject of 
several debates during the session. The first debate ensued 
on resolutions by Mr. Sadleir, on the 15th July, that the 
insecurity both of life and property in some of the country 
districts was such as to. require the immediate consideration 
of the House, and that the present police system was both 
expensive and unsuitable. Mr. Cowper moved an amend- 
ment to refer the matter of the working of the Police Act to 
a Select Committee. After a two-nights' debate, the original 
motion was negatived without division, and the amendment 
by 29 to 15. The second debate on the subject occurred on 
19th August, when Mr. Martin moved : — 

^^ (1.) That, in the opinion of this House, the alarming state of insecurity 
for Hfe and property which has so long proYailed throughout the country dis* 
tricts is in a high degree discreditable to Her Majesty's Ministers in this Colony. 

" (2.) That the conduct of Her Majesty's Ministers in this Colony, in the 
appointments to the Magistracy, and generally in connection with the adminis- 
tration of justice, has been such as to call for the strong condemnation of this 
House. 

The debate continued till the 27th August, when the reso- 
lutions were negatived by 44 to 18. 

On the 1st September Mr. W. Eorster moved that the 
proceedings and results of the recent Intercolonial Con- 
ference held at Melbourne had been highly unsatisfactory. 
This was negatived by 27 to 16. 

Mr. Morris presented a petition, on the 2nd September, from 
the inhabitants of the Riverine districts praying for the estab- 
lishment of their district as a distinct one, with defined 
boundaries, on the same footing as that of Port Phillip before 
separation, with a Superintendent. The petition was received ; . 
and on the same evening a similar petition to the Governor,, 
with the reply of the Colonial Secretary thereto, was laid on 
the table. The letter of the Colonial Secretary (which was in 
reply to the petition, presented on the 3rd August by a depu- 



380 New South Wales. 

tation from the Riverine district) was to the eflfect that the 
Governmeiit were not prepared to recognize the necessity of 
defining any portion of the existing Colony of New South 
Wales as a distinct province ; and that the appointment of a 
Q-ovemment Superintendent would impede rather than expe- 
dite the transaction of public business. In respect to the 
desire expressed that a branch of the Supreme Court should be 
established at Deniliquin, a proposal dealing with the question 
of increased facilities for the administration of justice in the 
more remote districts would shortly be submitted to Parlia- 
ment ; but the establishment of a separate Registrar's office 
would be surrounded with insuperable difficulties, and would 
be likely to complicate transactions which it was intended to 
assist. The Government had already directed its attention to 
the improvement and navigation of the Darling, Murrum- 
bidgee, and Murray Rivers ; and recognized the justice of a 
fair distribution of the General Revenue of the Colony 
throughout its various districts. Due consideration would be 
given in any re-adjustment of the representation of the Colony 
to those districts whose claims were established by Parlia- 
ment. No sufficient reasons had been set forth to induce the 
Government to ask the Legislature to sanction alterations in 
the land laws of the Colony. The Government were at aU 
times prepared to give the fullest consideration to any repre- 
sentations having for their object the redress of grievances 
under which the residents of the district in question might be 
suffering ; and would afford every facility for increasing the 
population and for developing the resources of that valuable 
part of the Colony. 

On the 4th September Mr. Stewart moved a resolution 
that it was desirable that Members of Parliament should be 
entitled to travel by railway free of charge. After debate the 
resolution was passed by 19 to 13. 

The Colonial Treasurer made his Financial Statement on 
the 3rd September. Mr. Smart, in moving a pro-forma 
motion for Supply, regretted that he could not congratulate 
the country upon the state of its finances. It would be seen, 
upon reference to the Ways and Means, that, on the 31st 
December, a deficiency of £439,471 14s. 9d. was estimated, 
instead of a surplus of £55,274 lis. 5d. as anticipated by 
his predecessor. He had lost no time in the preparation of 
the present Financial Statement, but was in a position to 
bring down the Ways and Means and Estimates within three 



Governor Young. 381 

weeks after Parliament assembled. The account prepared 
up to the 3l8t December, 1864, showed a gross estimated 
deficiency of £653,811 14s. 9d. From this he proposed to 
deduct the deficiency at the end of 1863, which would leave 
the sum of £214,340 to be dealt with separately as for next 
year. Statements had been prepared showing where the 
deficiency had arisen, and from these it appeared that the 
chief cause of it had been over-sanguiness on the part of the 
late Treasurer, which had led him to anticipate far more 
favourable results than the actual circumstances justified. 
Beginning with 1862, Mr. Smart quoted the various amounts 
estimated as the probable revenue in the different state- 
ments that had been made, showing in each case the 
deficiency and giving the details of the departments 
wherein it had arisen. The deficiency in the account for 
1863 was much increased by charges that ought to have 
been made in previous years.. The Supplementary Esti- 
mates had been prepared in such a way as to show 
against what year the amounts should have been charged, 
from which it appeared that no less than £160,777 
fairly belonged to 1862 or previous years. The aggregate 
amount was £332,175, which with the amount to be raised 
by loan would bring the total up to £353,584. But there 
would still be necessity for another Supplementary Estimate 
for 1863, as, notwithstanding the large amount mentioned, 
it would be insufficient for carrying on the important works 
of the Colony. In anticipation of this further Estimate, 
£13,000 had abeady been paid, and £50,000 or £60,000 
more would be required. Exclusive of this Estimate, how- 
ever, there would be, in round numbers, £450,000 unprovided 
for at the end of 1863. To provide for this sum it was 
intended to negotiate a loan, by debentures payable in five 
years, or rather to ask for power to raise such an amount 
by loan if it became necessary to do so, which in view of the 
large " savings" effected upon certain of the votes in 1861 and 
the probability of a considerable portion of the votes of 1863 
not being required, it might not be. The money would only 
be asked for to clear off the deficit, as he would never 
consent to borrow money to pay current expenditure. There 
was an amount of £353,683 due by conditional purchasers 
of land next year, which, although, entitled to do so, he had 
not taken credit for. The revenue for 1864 was estimated at 
£1,691,150, while the estimated charges were £1,905,490, 
showing an estimated deficit for the year of £214,340. It 



382 New South Wales. 

waB proposed to meet this deficiency by increased taxation. 
The Post Office was a drag upon the revenue, and it was there- 
fore intended to increase the postage on town letters from Id. 
to 2d., and on inland letters from 2d. to 4d., which it was 
expected would increase the revenue by £25,000 a year. A 
tax upon bills of exchange and promissory notes would also 
be proposed, from which an increase of £14,000 was expected. 
In increasing the Custom House duties care had been taken 
to impose only those which could be collected without 
incurring additional expense, and to select such articles as 
would in no way affect the comfort of the poorer classes. 
Mr. Smart then gave a list of the articles upon which the 
new duties were intended to be imposed. The total addi- 
tional revenue expected from this increased taxation was set 
down at £238,800. He concluded by calling attention to the 
increased revenue derived from various sources duiirig the 
past three years, and by referring to the satisfactory position 
that the colony's securities continued to hold lq the London 
market. 

A few days subsequently Mr. Geoffrey Eagar gave notice 
that, contingently upon the motion for the adoption of the 
Resolution first to be reported from the Committee of Ways 
and Means, he would move, — 

" (1.) That the financial condition of the Colony as shown by the Estimates 
of the Ways and Means for 18C4 is unsatisfactory, and demands the with- 
drawal from the present Ministry of the confidence of this House. 

On Thursday, 10th, upon the House going into Committee 
of Ways and Means Mr. Eagar addressed it at great length 
upon the financial policy of the Government, and stated his 
intetition to bring forward at that stage of the discussion, 
in order to avoid a second debate, the motion of want of 
confidence of which he had given notice. Mr. Cowper in 
reply claimed for the Government the credit of having 
managed the finances carefully and judiciously. He entered 
into an examination of the finances of the Colony from the 
time when he first took office as a responsible Minister 
in 1856, and pointed out that they showed vast improve- 
ment since that time. The revenue of the Colony, he 
said, had increased by upwards of half a million ; and while 
the expenses of all departments of the public service had 
increased in an unexampled degree, not one farthing (except 
the assessment) had been added to the public burdens, while, 
on the other hand, they had effected a considerable remission 
of taxation in the shape of the gold duty. The credit of the 



Gmemor Toungi. 383 

Colony was so good that they were enabled to borrow money 
in the English market at a lower rate than any of the adjoin- 
ing Colonies. The deficit, he said, was more nominal than 
real. 

The debate was continued through four sitting nights 
thereafter, and eventuated in a virtual defeat of the Govern- 
ment. On the 7th October the Committee divided, when 
the words of the original resolution were retained upon a 
division — 27 to 25 — ^the effect of which was to negative 
Mr. Eagar's amendment. The Chairman then put the formal 
question which Mr. Smart had made in going into Com- 
mittee, —